Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of his wife and daughter by plying dagger on the suspicion that she had illicit relation with someone else and the daughter was born out of said relation---Prosecution had produced three eye-witnesses who had seen the accused while committing the murders of both the deceased---All the said eye-witnesses during their cross-examination were on one line on all aspects which included their arrival at the house of accused, stayed on the request of accused, taking meals in the house of accused and they ate the dinner in the house of accused---All the said things they disclosed supported each other---No contradiction was pointed out in their evidence by defence---No suggestion was put as to why and on what basis/enmity the accused was implicated---Accused and the eye-witnesses were closely related to each other and they had seen the accused while committing the murders of his wife and the daughter from a close distance of about 8 to 10 feet---No question of mistaken identity especially, as a light bulb was on by which the eye-witnesses could see the accused and the eye-witnesses knew the accused---Incident took place in the room of the accused and during the cross examination it was even not suggested that the accused was not present at his house at the time of incident---Defence of the accused that the murders were committed by some unknown accused persons had no independent support---Oral/direct evidence available against the accused was reliable, trustworthy and confidence inspiring---All the three eye-witnesses supported the prosecution case and their testimony was unchallenged---No enmity or ill-will was suggested against any of the witnesses---Accused had not even been able to prove that at the relevant time (time of the incident), he was not available in his house---Accused did not even come forward as a witness despite his wife and his daughter being brutally murdered in his own house and instead remained mum---Even after his arrest the accused did not make any allegation of being falsely implicated in the case---Appeal against…

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