Law:

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Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Murdered of his wife--Sentence of death was converted into life imprisonment--Cause of death was asphyxia inducted by throttling--Ascribe motive to murder of deceased--Accused wanted to contract another marriage--Validity--Motive does not stand to reason as accused could have divorced his wife if she was not giving him permission to marry again--Deceased and accused were married not too long ago also undermines the motive--Prosecution narrative with respect to motive was rightly disbelieved by High Court, as consequence of which it reduced sentence of accused to life imprisonment--Accused having already got benefit does not merit any further concession--Appeal was dismissed. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 117--Pakistan Penal Code, (XLV of 1860), S. 302(b)--conviction and sentence was converted into life imprisonment--Burden of proof--It is fundamental principle of law that burden of proof is on prosecution. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 122--Evidence Act, 1872, S. 106--Pakistan Penal Code, (XLV of 1860), S. 302(b)--Conviction and sentence was converted into life imprisonment, challenge to--Murdering of his wife--Not participate in last rites and disappeared--Question of--Whether unreasonable conduct was of any consequence--Circumstantial evidence--Burden of proof--Accused did not offer an explanation as regards his conduct did not permit Court to even contemplate about any alternative theory which may be compatible with innocence of accused--If particular fact is especially within knowledge of any person burden of proving that fact is upon him--Prosecution had established its case against accused, eye-witnesses had deposed against him and medical evidence confirmed strangulation of deceased--Accused did not attend to last rites of his wife who had died whilst residing with him--Such circumstances corroborate prosecution case in absence of accused offering reasonable explanation for unnatural conduct. THIS JUDGMENT DELIVERED BY: Qazi Faez Isa, J.- The appellant was convicted for murdering his wife Razia Bibi ("the deceased"). The case…