A three-member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Muhammad Qazi Amin Ahmad heard the case.
During the course of proceedings, the counsel for the complainant said that the culprit killed two months old child with firing. He said that the accused killed five family members of his client.
He said that if the court declares false testimony, then the malpractice of the witnesses should also be exposed. If the accused was in anger, his anger would have cooled after a murder as the accused also killed three innocent children, he added.
Chief Justice Asif Saeed Khan Khosa remarked that witnesses are made in the case and the witnesses could be punished in the case. He observed that witness came from nine kilometers away.
Justice Qazi Amin observed that post mortem of deceased was delayed. He remarked that there would be some reason of enmity if someone had killed his brother and his wife. He observed that the court was not being informed about the reason of enmity and something was being kept secret.
The bench also observed that recovery made in the case did not match. Persons residing in house were not presented as witnesses, the bench remarked and added that death penalty could not be maintained in such cases. The court converted the five times death sentence of the accused into five time life imprisonment.
Accused Muhammad Yar had killed his brother, sister in law and their three children over domestic dispute in January 2001. The trial court awarded five time capital punishment to the accused which was maintained by the high court.