Law:

Section:

Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art.185(3)---Accused, four real brothers, had killed 13 persons during night---Such occurrence could not have gone unwitnessed and the culprits could not have escaped unidentified---Complainant and the other eye-witness were independent witnesses of the occurrence having no reason or ill-will for malicious implication of the accused and their testimony was credible and reliable---Accused being no stranger to - the complainant, their identification, even during the night throe, could not have posed any problem for him, particularly when the occurrence had lasted for quite some time---Recovery of blood-stained weapons of offence and blood-stained clothes of the four accused and also the medical evidence had supported the ocular testimony---Valid motive was available to accused for committing the offence---Accused had killed their two uncles and all their descedants including children of 2 to 25 years of age---Perpetrators of such a dastardly crime deserved no mercy---Convictions and sentences of accused required no interference-Leave-to appeal was declined to accused accordingly. Abdul Aziz Khan Niazi, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 3rd August, 2005. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- This case revolves around three real but unfortunate brothers, namely Haji Hidayatullah, Haji Bashir Ahmad and Haji Allah Ditta. In an occurrence which had taken place at about 2-00/3-00 a.m. during the night between the 14th and 15th of April, 1999, the above mentioned Haji Hidayatullah; his wife Mst. Said Mari; his five daughters, namely, Mst. Shehnaz Mai (aged 12/13 years).Mst. Safia Bibi (aged 23/24 years), Mst. Ruqia Bibi (aged 14/15 years), Mst. Parveen Bibi (aged 6/7 years) and Mst. Sumaira Bibi (aged only two years), and his three sons namely, Irshad (aged 15/16 years), Habib (aged 25 years) and Jumshaid (aged 8/9 years) were murdered along with the above mentioned other brother, namely, Haji Bashir Ahmed, his son Abdul Majid and a son of his son Abdul Majid, namely, Umar Hayat (aged about 3/4 years). Through an…

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