Law:

Section:

(a) Penal Code (XLV of 1860)--­S. 302---Constitution of Pakistan (1973), Art.185(3)---Two Courts below had rightly disbelieved accused's version which apparently seemed to be untrue--­Accused had inflicted 18 injuries on his wife and 7 injuries on his minor daughter---If accused had wanted to inflict injuries on prosecution witness and not-on his wife and minor daughter, so many injuries would not have been present on the two deceased---Eye-witnesses' testimony also seemed to be natural and truthful---Leave to appeal was refused in circumstances. (b) Criminal Procedure Code (V of 1898)--- ---S. 382-B---Penal Code (XLV of 1860), S.302---Death sentence awarded to accused had already been commuted to life imprisonment by a Presidential Order---Contention that benefit of S. 382-B, Cr.P.C. be extended to accused who was entitled to the said concession was repelled because accused was guilty of butchering his wife and his minor daughter without any plausible reason. ORDER AJMAL MIAN, J--Leave to appeal is sought against the judgment dated 26-4-1986 passed by a Division Bench of the Lahore High Court in Criminal Appeal No.586 of 1982/Murder Reference No 150 of 1982 whereby the appeal filed by the petitioner against the judgment dated 2-10-1982 passed by the learned Sessions Judge, Faisalabad, convicting the petitioner under Section 302, P.P.C. for murder of Rukhsana alias Shana (wife of the petitioner) and baby Shahnaz aged 2-1/2 to 3 years (minor daughter of the petitioner) and awarding him a sentence of death on two counts and a fine of Rs.500 on each count or in default further R.I. for six months, was dismissed and the murder reference was accepted. 2. The prosecution case was that the petitioner at the relevant time was jobless and whenever his wife demanded money for the household expenses, he used to give beating to her. Two or three days prior to the date of occurrence, the petitioner gave beating to his wife about which the latter complained to P.W6 Muhammad Ali PW6. Muhammad Ali whose house was situated about two furlongs and who was related to the petitioner brought about a compromise between the petitioner and his wife. On the night of incident, PW6…

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