Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused by Supreme Court to consider that death sentence could not be awarded to him as his case fell under Ss.306(c) and 307(c), P.P.C. read with S.308(2), P.P.C. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Reappraisal of evidence---Participation of accused in the commission of the offence was proved on record, who had caused repeated `Chhuri' blows on the persons of both the deceased and murdered his wife and mother-in-law in a callous manner---Ocular account furnished by complainant was fully corroborated by medical evidence, motive, recovery of `Chhuri' at the instance of accused and positive report of serologist---Brutal and atrocious manner in which the accused had committed both the murders did not call for any leniency in the sentence---Impugned did not suffer from any illegality or infirmity---Conviction and sentence of accused were upheld accordingly. Muhammad Ajmal v. The State PLD 2003 SC 1 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Sentence---Circumstantial evidence---Death sentence can be awarded to accused on circumstantial evidence, provided the circumstances constitute a continuous chain without missing any link, combined effect of which establishes the guilt of accused beyond any shadow of doubt. JUDGMENT ABDUL HAMEED DOGAR, C.J.---This appeal with leave of this Court is directed against judgment, dated 28-2-2005 of the learned Lahore High Court, Lahore whereby Criminal Appeal No.186-J of 2000 filed by appellant Muhammad Ishaq was dismissed and murder reference sent by trial Court for confirmation of death sentence was answered in affirmative. 2. The prosecution story as narrated by complainant Inayatullah (P.W.8) in F.I.R. No.538 dated 19-9-1997 lodged at Police Station Ugoki, Sialkot is that he is working in United Cargo, Samberial and is resident of Muradpur. On the fateful day i.e. 19-9-1997 at about 2-00 p.m. he came to his house and saw appellant Muhammad Ishaq who is his son-in-law was inflicting Chhuri blows to his wife Mst. Latifan Bibi and daughter Mst. Robina. He tried to rescue them but he was…

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