PESHAWAR, March 8: The Peshawar High Court on Wednesday set aside the death sentence given to a person for killing his wife and three daughters and awarded him 10 years rigorous imprisonment under the principle of fasad fil arz (mischief on earth).

A two-member bench comprising Chief Justice Tariq Pervez Khan and Justice Qaim Jan Khan observed that although legal heirs of the deceased had forgiven the convict, he deserved to be punished in accordance with the principle of fasad fil arz keeping in view the brutality of the crime.

The bench partially accepted appellant Muhammad Zaman’s plea and set aside his conviction awarded by the trial court.

On Sept 1, 2000, Zaman gunned down his wife Lal Marjan, 45, and his three teenaged daughters in Mardan. He was charged under section 302 of the Pakistan Penal Code.

Though no clear motive was mentioned by the prosecution, the appellant said that his wife and daughters used to go out without his permission.

An additional district and sessions judge convicted Zaman on Jan 31, 2005, and sentenced him to death on four counts.

Advocate Astaghfirullah Khan appeared for the appellant and contended that three sons and a daughter of the appellant were legal heirs of the deceased and they had forgiven their father.

He argued that when legal heirs of the deceased had compounded the offence the appellant was liable to be acquitted.

The bench asked the counsel whether section 311 of PPC, dealing with the principle of fasad fil arz, would be attracted in the instant case or not.

The counsel argued that the said principle could be attracted when the appellant was convicted under qisas, whereas in the present case he was convicted under tazir and not under qisas.

The bench disagreed with him observing that the explanation given in section 311 clearly stated that the principle of fasad fil arz should include the brutal or shocking manner in which the offence had been committed which was outrageous to public conscience.