Case Details

Citation(s)
2013 SLG 2816 2013 SLD 2816 2013 YLR 2169
Sindh High Court
Criminal Appeal No. S-267 of 2012, decided on 4th March, 2013. DATE of hearing: 18th February, 2013
AFTAB AHMED GORAR, J
Ghulam Ali Samtio for Appellant. Syed Meeral Shah Deputy Prosecutor-General Sindh for
Respondent

HAKIM ALI

VS

The STATE

Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Case hinged upon strong circumstantial evidence against accused which had proved charge of murder of his wife along with her unborn baby boy of 7/8 months---Defence could not shatter said evidence---Extra-judicial confession, though was a weak type of evidence, but in the present case, it was the accused who after committing the murder of his wife, voluntarily appeared before the Police disclosed the detail of the incident and confessed that he had murdered his wife---Dead body of the deceased was recovered from bed room of accused on his pointation---Articles, i.e. blood-stained clothes, blood-stained earth, empty bullet from the place of incident, corroborated the version of prosecution with regard to commission of murder by accused---Medical evidence had corroborated the circumstantial evidence---Evidence of woman medical officer, had gone unrebutted and unchallenged---Ground taken by accused that ex-father-in-law of the deceased was holding her responsible for death of her first husband and that accused had been implicated at the instance of ex-father-in-law of the deceased was not believable being vague and not attracting common sense---Evidence adduced by minor sons of accused could not be considered, as said minors had no knowledge about the incident---Accused in his statement recorded under S.342, Cr.P.C., did not submit anything in disproof of the prosecution evidence, which, prima facie, connected accused with the commission of offence---Accused did not prove ill-will or enmity against the prosecution witnesses to falsely implicate him in the murder of his own wife---Accused had committed double murder, of his wife and an unborn son of about 7/8 months in a brutal manner, which act of accused was highly condemnable and required strict punishment---Trial Court had taken lenient view while awarding him life imprisonment, perhaps for lack of ocular evidence---Discrepancies pointed out by the counsel for accused, did not carry any weight, when there was strong evidence against accused regarding murder of the deceased---Appeal of accused was dismissed. Muhammad Achar Machi…
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