IMPORTANT POINT
Death sentence awarded against the accused for the brutal and atrocious manner in which the accused committed the cold blooded murders of his mother-in-law and her mother does not call for any leniency in the sentence.

JUDGMENT

Abdul Hameed Dogar, J.-By this, petition, petitioner Muhammad Ajmal seeks leave to appeal against the judgment dated 14.12.1999 whereby his Criminal Appeal No. 110 of 1997 was dismissed and the conviction and sentence of death awarded by the trial Court was maintained. Murder Reference No. 109 of 1997 forwarded by the trial Court for confirmation of death sentence was also accepted.

2. Briefly, stated the facts of the prosecution case are that on 31.10.1995, complainant Bashir Ahmad, a cultivator, his brother Allah Bachaya and nephew Abdul Majeed had gone to Jampur in connection with some personal work and while leaving he asked his wife Mst. Nazi Mai to bring his daughter Amen Mai, the wife of the petitioner, for her medical check-up to Jampur who during those days was residing with the complainant due to some differences with her husband. It was at about 10.30 a.m., the complainant and others after completing their work were waiting at Traffic Chowk, Jampur, there appeared one Coaster coming from Jampur side and stopped near Ghalla Godown. The complainant and others went near the Coaster and saw that the petitioner was standing in front of the door of the Coaster. Meanwhile, Mst. Nazir Mai, wife of the complainant, Mst. Mithan Mai, wife of Pari Khan, his mother-in-law and Mst. Amin Mai his daughter alighted from the Coaster. Within their sight, the petitioner took out knife from his pocket and caused three successive knife blows on Mst. Nazir Mai which hit on her chest, abdomen and wrist of left hand. Mst. Mithan Mai, her mother tried to intervene but she was also caused knife blow by the petitioner on the left side of her abdomen. The complainant and the other witnesses tried to catch hold of the petitioner but he succeeded in decamping in the crowd. Both of the injured were removed to the hospital Jampur where Mst. Nazir Mai succumbed to the injuries on arrival whereas Mst. Mithan Mai was admitted in injured condition who also later on succumbed to the injuries. The motive behind the occurrence was that in exchange of the marriage of Mst. Amin Mai, daughter of the complainant, Mst. Taj Mai, the sister of the petitioner, was married to Sabir Hussain son of the complainant. Due to differences, both of them were residing with their parents. On account of such grudge, the petitioner committed the aforesaid murders on the instigation of his elder brother Mitho.

3. On the same day, the police arrested the petitioner. On 4.11.1995, he while in police custody led to the recovery of blood-stained knife lying under the tree near railway gate. The police also took into possession blood-stained Shalwar of the petitioner. Accused Mitho was also arrested but was found innocent during the investigation. He, however, was sent up to face trial along with the petitioner.

Dr. Faiz Ullah Khan Land (PW 2) conducted autopsy on the dead bodies of Mst. Nazir Mai and Mst. Mithan Mai respectively and found the following injuries on their persons :

Deceased Mst. Nazir Mai

(i) An incised wound 2 c.m. x 1 c.m. x going deep (stab wound) on the left side of front of chest 8 c.m. below left clavicle and 3 c.m. lateral to the sternum.

(ii) A stab wound 2 c.m. x 1-1/2 c.m. x going deep on the lateral aspect of right side of abdomen between 11th and 12th ribs.

(iii) An incised wound 2-1/2 c.m. x 1 c.m. x bone deep on the lateral aspect of left forearm just above the wrist joint. The cloth bears the corresponding holes of injuries.

Deceased Mst. Mithan Mai

An incised wound/stab wound 3-1/2 c.m. x 1 c.m. x going deep on left side of abdomen 13 c.m. lateral to the umbilicus. On opening the abdominal cavity was full of blood.

4. At the trial, the prosecution in order to establish its case examined as many as 12 prosecution witnesses.

5. The petitioner in his statement recorded under section 342, Cr.P.C. denied his involvement in the case but while answering to the question as to why he was implicated, he replie