Law: Pakistan Penal Code, 1860

Section: 302(b),337-A(ii)

Law: Code of Criminal Procedure, 1898

Section: 173, 342

Law: Qanun-e-Shahadat Order, 1984

Section: 117,122,129(g), 22

Law: Constitution of Pakistan, 1973

Section: 9,25

Law: Indian Evidence Act, 1872

Section: 106

Summary In this Supreme Court judgment, Waris Masih's petition challenging his life imprisonment conviction for murdering his wife under Section 302(b) PPC (and a separate conviction under Section 337-A(ii) PPC for injuring his minor children) was dismissed. The Court upheld the Trial and High Court findings based on strong ocular evidence from his injured daughter (PW-4), corroborating medical evidence, and circumstantial factors like the incident occurring in their matrimonial home. The husband, as the primary adult present, failed to explain the unnatural death under Article 122 of the Qanun-e-Shahadat Order, 1984, drawing adverse inferences under Article 129(g), reinforcing the prosecution's case without shifting the primary burden of proof. Core Points Petitioner Waris Masih, a drug addict with a history of quarrels, assaulted his wife Mst. Jamila Bibi and minor children Rimsha Bibi and Ramesh with a Dhanda on 06.07.2015, causing the wife's death and injuries to the children. Trial Court convicted him under Section 302(b) PPC (death sentence, later reduced to life imprisonment by High Court) and Section 337-A(ii) PPC (1-year RI with Arsh). Key evidence: Ocular testimony from injured daughter PW-4 (present at home), medical corroboration from postmortem (PW-9) showing cranium injuries and injury-to-death timeline of 16 hours. No direct evidence typical in domestic violence cases, but strong circumstantial chain: unnatural death in matrimonial home, petitioner as sole adult, silence in Section 342 Cr.P.C. statement, abscondence, non-participation in burial. Legal principles: Prosecution bears burden under Article 117 QSO; husband must explain facts within special knowledge (Article 122 QSO), failure invites adverse inference (Article 129(g) QSO); conduct relevant (Article 22 QSO). Distinguished Nasrullah (2017 SCMR 724) and Nazir Ahmed (2018 SCMR 787) as not absolute bars to circumstantial conviction in exclusive household settings. Court's observation: Urges state action against domestic violence citing Articles 9 and 25 of the Constitution, rooted in Islamic duty of men as family protectors (Surah An-Nisa:34). Law  And Section…