Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860) S.302(b)QatliamdAppreciation of evidenceSentence, reduction inAccused was charged for committing murder of his wife/daughter of complainantComplainant had deposed that the incident had occurred in his house at night time when his soninlaw/accused was sleeping with deceased wife in roomOn some commotion, complainant party woke up and knocked the doorComplainant entered into the room by making hole in the roof of room and found his daughter lying deadEyewitness had deposed that on the relevant night, he was sleeping in the house of complainant and heard cries, went inside the room, where accused and his wife were sleeping and had seen that accused was killing his wife by way of strangulationThird eyewitness had also deposed that he had seen the accused while killing his wife by means of strangulationOcular evidence was corroborated by medical evidenceAll the eyewitnesses had deposed that accused was caught hold by them in the house of complainant when he was trying to run awayComplainant party caused him lathi blowsAccused was medically examinedMedical Officer had deposed that accused had sustained injuriesProsecution, in circumstances, had succeeded to prove that accused had committed the murder of his wife on the night of incident by strangulation, however, the real cause of occurrence was something different which had been completely suppressed by both the parties and that real cause of occurrence remained shrouded in mysterySuch circumstances of the case were sufficient to caution in the matter of sentence of accusedHigh Court observed that life imprisonment would be the appropriate sentence instead of death sentenceAppeal against conviction was dismissed with said modification in sentence. Raqib Khan v. The State and another 2000 SCMR 163; Ali Sher and others v. The State 2008 SCMR 707; Jalat Khan alias Jalo v. The State 2020 PCr.LJ 503; Ammar Yasir Ali v. The State 2013 PCr.LJ 783; Fazal Hussain alias Faqeera and others v. The State 2020 PCr.LJ 311; Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274 and Khalid Javed and another v. The State 2003 SCMR 1419 ref. (b) Penal Code (XLV of 1860)…

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