| Citation(s) |
|---|
| 2018 SLG 1870 2018 SLD 1870 2018 PLD 80 |
Balochistan High Court
Criminal Jail Appeal No. 47 of 2015, decision Dated: 09-10-2017. Hearing Date : 25-09-2017.
MUHAMMAD EJAZ SWATI, JUSTICE ABDULLAH BALOCH, JUSTICE
Muhammad Arif Achakzai for Appellant. Naeem Kakar, Additional P.G. for the State.
Criminal Jail Appeal No. 47 of 2015, decision Dated: 09-10-2017. Hearing Date : 25-09-2017.
MUHAMMAD EJAZ SWATI, JUSTICE ABDULLAH BALOCH, JUSTICE
Muhammad Arif Achakzai for Appellant. Naeem Kakar, Additional P.G. for the State.
MUHAMMAD NAEEM
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 121-Qatl-i-amd---Appreciation of evidence---Circumstantial evidence---Burden of proof---Accused was charged for the murder of his wife---Prosecution produced three witnesses including father of the deceased to prove the charge against the accused---Record showed that one witness corroborated the statement of another witness---Said witnesses remained firm in their depositions that the accused had committed the murder of deceased and correctly indentified the accused in the Trial Court---Statements of said witnesses were circumstantial, which connected one instance with the other---Statements of said witnesses were not shattered in any manner to benefit the accused---Accused had not explained as to how and who had committed the murder of his wife---Bald denial of the accused was not enough to save him from the charge of murder---Under Art.121 of Qanun-e-Shahdat, 1984, the burden lay on the accused to explain the murder of his wife committed in his house, which he failed---Appeal against conviction and sentence was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Apreciation of evidence---Conduct of accused---Effect---Despite murder of his wife, accused kept quiet and had not lodged report against any one and had not held responsible any third person for the murder---Circumstances established that at the time of said murder, accused was present in the housse---Accused had not disputed the unnatural death of the deceased---Facts and circumstances of the case suggested that actually the accused had committed the murder of his wife and due to the incident, his relatives locked him in a room and handed him over to the police---Appeal against conviction and sentence was dismissed in circumstances. Wali Muhammad v. Ellahi Bakhsh 2005 SCMR 1526 and Saeed Ahmed v. The State 2015 SCMR 710 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Apreciation of evidence---Ocular account---Accused was charged for the murder of his wife by inflicting churri blows---Prosecusion produced real sister of the deceased, a minor as witness in order to…
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