Case Details

Citation(s)
2018 SLG 1419 2018 SLD 1419 2018 PCRLJ 991
Sindh High Court
Cr. A. No. D-235 of 2011 and Confirmation Case No. 12 of 2011, decision Dated: 17-02-2017, hearing Date : 08-02-2017.
NAIMATULLAH PHULPOTO, JUSTICE, RASHEED AHMED SOOMRO, JUSTICE
Syed Tarique Ahmed Shah for Appellant. Syed Meeral Shah Bukhari, Deputy Prosecutor-General, Sindh for the State.

QADIR BUX HAJANO

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account corroborated by medical evidence---Prosecution case was that two years prior to the present incident, accused had committed zina with the deceased---FIR was lodged by husband of deceased against the accused, he was arrested and confined to jail---On the basis of compromise, accused was released one month before the present occurrence---Accused, after release from jail, started issuing threats to the complainant and her daughter/deceased that as he had remained in jail on the basis of case lodged by the deceased, he would kill her---Accused on the day of occurrence caused hatchet blows on the neck of deceased, resultantly, the head of deceased was separated from her body and she died---Ocular account was furnished by four eye-witnesses including complainant---All the eye-witnesses had given the same version against accused with regard to place, date and time of incident---Deceased was a lady and she had no enmity with any other person---Eye-witnesses had no motive to falsely implicate the accused in the heinous crime---Ocular evidence was fully corroborated by the medical evidence and was straight forward and reliable---No mitigating circumstances had been pointed out by defence for reduction of the sentence---Circumstances had established that conduct displayed by the accused detracted from any sympathy to be extended to him in the matter of his death sentence---Appeal against conviction was dismissed in circumstances. 2005 YLR 166; PLD 2005 Kar. 18; 2010 PCr.LJ 1270; 2016 YLR 2815; 2017 SBLR 163; Ashiq Hussain v. The State 2017 SCMR 188; Noor Muhammad v. The State 2005 SCMR 1958 and Sh. Muhammad Amjad v. The State PLD 2003 SC 704 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive, proof of---Effect---All the eye-witnesses had categorically stated that prior to the incident, present accused had committed zina with the deceased; FIR was lodged and accused was sent to jail---Accused was released from jail on the basis of compromise---Accused committed murder of deceased to teach a lesson to the deceased lady---All…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492