Law: Criminal Procedure Code (V of 1898)

Section: 35

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860, 1860 (XLV of 1860)-- ----S. 302--Qatl-i-amd--Brutal murder of his wife was committed and cutting throats of children with chhurri--Consecutively sentence was awarded--Diyat amount--Discretionary power vested in Court to direct that awarded sentences to run consecutively or concurrently is to be exercised in light of facts and circumstances of each case--Specific amount had been deposited in Court towards payment of diyat amount--Amount may be paid to legal heirs of deceased by law. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 35--Constitution of Pakistan, 1973, Art. 199--Pakistan Penal Code, (XLV of 1860), S. 302--Qatl-i-amd--Nature and manner of occurrence and gravity of offence--High Court had done away with conditionality of such sentences while exercising writ jurisdiction under Art. 199 of Constitution, which is equitable and discretionary in nature and not meant to give premium to a criminal for commission of such heinous crime. THIS JUDGMENT DELIVERED BY: ANWAR ZAHEER JAMALI CHIEF JUSTICE;---.--- This civil appeal with leave of the Court arises out of the order dated 08.12.1999, passed by a learned Division Bench of the Lahore High Court, Multan Bench, in Writ Petition No.5566/1999, whereby the requisite relief, as prayed for by respondent No.1 was granted to him by placing reliance upon the cases cited as Javed Shaikh v. The State (1985 SCMR 153), Shah Muhammad alias Manna v. State (1994 SCMR 582), and 1987 SCMR 36 (no citation available on this page). 2. Briefly stated relevant facts of the case are that in FIR No.240, dated 14.7.1992, registered at P.S Muzaffarabad, under section 302, PPC, respondent No.1 was the sole nominated accused with the allegations that he has committed qatl-i-amd of his wife Mst. Azhra Parveen, three minor daughters Mst. Shagufta, Kiran and Aneeqa and his minor son Waqar, by cutting their throats with chhuri. After conclusion of the trial, respondent No.1 was found guilty for the charged offence and accordingly convicted vide judgment dated 13.6.1993 and sentenced as under:- "18. In the circumstances of the case I convict Muhammad Akram accused under Section 302(a) PPC for causing Qatl-e-amd…

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