Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Husband murdering his wife and daughters over strained marital relations---Prosecution case was structured upon ocular account furnished by the accuseds father-in-law and a distantly related person---Said witnesses were not expected to swap the real culprit of gruesome murders with the accused, and their presence at the scene was not unnatural as they had come to the accuseds place to restore congeniality between the spouses---Strained marital relations between the accused and his deceased wife were not seriously disputed, thus, the motive for the occurrence could not be considered as unconceivable---Disproportionately violent response by accused due to his wifes approach to her father for rescue and brutality inflicted by him on his two daughters, did not provide him any space to hide behind the shield of disproportionality of his appalling behavior---Both the witnesses furnished graphic details of the occurrence as well as the events collateral therewith in a comfortable and confidence inspiring unison---Recovery of toka stained with human blood on pointation of accused provided additional corroboration, and the injuries suffered by all the deceased were consistent with the nature of said weapon---Prosecution had successfully driven home the charge against accused beyond reasonable doubt---Appeal was dismissed and Supreme Court did not interfere with the sentence of death on three counts awarded to the accused. JUDGMENT QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Indicted for committing Qatl-i-amd of his wife Nasreen Bibi, 30, as well as daughters Aneela Bibi, 17, and Sawaira, 9, at 8/9:00 a.m. on 8.7.2010, within the precincts of Police Station Chatiana District Toba Tek Singh, Muhammad Imran appellant, convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860, had been condemned to death on three counts by the learned Sessions Judge Toba Tek Singh vide judgment dated 8.3.2011, upheld/confirmed by the High Court vide impugned judgment dated 29.9.2015, vires whereof, are being assailed by leave of the Court. 2. Nasreen Bibi, deceased, was appellants second…

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