Law: Pakistan Penal Code, 1860

Section: 302(b), 34

  Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence--Defence plea of suicide not plausible---Petitioners were charged for committing murder of the sister of the complainant---Record showed that the dead-body of deceased was recovered from a room of the house of FM (petitioner)---Said petitioner was head of the family and living in the house, where his son's wife died an unnatural death but instead of reporting the matter to the police, he remained mum---Said petitioner tried to give the colour of suicide to the death of deceased but when the prosecution witnesses reached at the spot after the occurrence they noticed that the feet of deceased were touching the floor of the room, where her dead-body was hanging---No table, chair or other supporting articles were present around the dead-body of deceased to show that deceased first climbed on the said article and after pushing the said article, she committed her suicide---As per evidence of a witness that the door of the room, where the occurrence took place was open, petitioner, FM had not claimed that the said door was broken by anybody---Noteworthy that a "dupatta" was found around the neck of the deceased and another "dupatta' was found on the eyes of the deceased, therefore, it was rightly concluded by the Courts below that there was no reason for the deceased to first tie her eyes with a "dupatta" and thereafter to commit suicide---Moreover, medical characteristics of suicide were also missing in this case---As per record, FM petitioner recorded his judicial confession before Judicial Magistrate---In the said judicial confession, said petitioner, confessed that he developed illicit relationship with deceased and later on he committed her murder due to the fear that she might disclose the said relationship to others---However, it was brought on the record through the evidence of complainant, that there were domestic disputes between petitioner and his daughter-in-law/deceased, on account of amount sent by the husband of the deceased from Saudi Arabia, etc.---It was evident that due to the said domestic disputes,…