2015 PLP 948 (SCMR)

ASIF SAEED KHAN KHOSA, J.

The facts of this case as well as the evidence produced before the learned trial Court find an elaborate mention in the judgments passed by the learned courts below and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition.

2. We have heard the learned counsel for the parties and have gone through the record of the case with their assistance.

3. According to the prosecution the appellant's sister namely Mst. Naseem Akhtar had eloped with one Zafar Hussain and the two had later on contracted marriage with each other and out of that marriage a daughter namely Ghazala was born and on the fateful day the appellant had fired at and killed the said Zafar Hussain while he was busy in construction of a part of a mosque and then he had gone to his house and had chased and killed his sister namely Mst. Naseem Akhtar and her minor daughter namely Ghazala. The case of the prosecution was supported before the learned trial court by two eye-witnesses namely Khadim Hussain (P.W.8) and Ghulam Ali (P.W.9) out of whom P.W.8 was the father of Zafar Hussain deceased. The occurrence in this case had taken place in broad daylight and an FIR in respect of the same had been lodged with sufficient promptitude wherein the appellant had been nominated as the sole perpetrator of the three murders. During the trial the above mentioned eye-witnesses had made consistent statements and had inspired confidence of the learned trial Court and even the High Court had felt confident about the veracity of the said eye-witnesses. The ocular account had been fully supported by the medical evidence and was corroborated not only by the motive but also by the recovery of the weapon of offence from the appellant's custody. Before the learned trial court the appellant had advanced a different version of the same incident but had failed to substantiate the same through any independent evidence. After evaluating and assessing the evidence available on the record both the learned courts below had felt convinced that the prosecution had succeeded in establishing its case against the appellant beyond reasonable doubt. Upon our own independent appraisal of the evidence we too have reached the same conclusion vis-a-vis guilt of the appellant.

4. As regards the sentence of the appellant the circumstances of the case are such that the cruel and brutal manner in which the appellant had taken three lives has been found by us to be utterly offensive and his conduct has, thus, failed to evoke any sympathy. The appellant had not only killed his sister for choosing a matrimonial partner on her own but had also killed his brother-in-law and also an infant daughter of the appellant's sister apart from killing a fully formed fetus inside the womb of his sister. One of the sentences provided by the law for an offence of murder is death and in the peculiar circumstances of this case the appellant deserves no less, particularly when he has killed not one but three innocent persons and also a fully formed fetus.

5. For what has been discussed above this appeal is dismissed and the convictions and sentences of the appellant recorded and upheld by the learned courts below are maintained. MH/G-4/SC Appeal dismissed.