Law: Pakistan Penal Code (PPC),1860

Section: 302, 324, 337-F(i), 337-F(ii)

Pakistan Penal Code 1860 (XLV of 1860)-- ----Ss. 302, 324, 337-F(i) & 337-F(ii)--Qatl-i-Amd--Ocular account--An injured witness--A son and daughter witness--PFSA report--Blood stained dagger--Medical evidence--Not entitle discretionary relief contemplated u/S. 382-B, Cr.P.C.--Conviction--The petitioner armed with a dagger and inflicting successive blows upon his wife and his daughters--The unfortunate incident took place during holy month of Ramzan inside house of petitioner-convict--The petitioner of eye-witnesses at place of occurrence is most natural, probable and free from any doubt being son and daughter of petitioner-convict--An injured witness, having received injuries in same occurrence, carries a built-in guarantee of his or her presence at spot at time of incident and ordinarily would not falsely substitute real culprit--Despite lengthy and searching cross-examination, nothing material could be elicited to discredit them or to shake core of prosecution case--It is highly improbable and contrary to normal course of human conduct that children would allow real culprit of murder of their mother and sister to go scot-free and, instead, falsely implicate their own innocent father--A son and daughter would not ordinarily bring an accusation of such grave nature against their own father--All eye-witnesses are consistent with each other on all material particulars of occurrence--Their statements are in harmony regarding manner of assault, weapon used, and role attributed to petitioner-convict--The nature, seat and number of injuries, as described by medical officers, are fully consistent with ocular account--The prosecution has also proved motive alleged in FIR--The positive PFSA report regarding crime dagger stained with blood further corroborate prosecution’s case--Section 302, PPC provides three modes of punishment for Qatl-i-amd--Section 304, PPC prescribes modes of proof required to render an offence of qatl-i-amd liable to qisas--Three exists a silent victim in every capital case involving a parent child--When judiciary imposes death penalty upon a surviving parent, it inadvertently sanctions what can only be described as Judiciary-Sponsored…