Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Code of Criminal Procedure (CrPC), 1898

Section: 164

(a)    Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Last seen evidence plausible---Accused was charged for committing murder of his wife/sister of the complainant by strangulation---According to the evidence of landlord's wife one room of the ground floor of their house was handed over on rent to the accused and the deceased and thus she was able to recognize him as she had seen him on and off for two days as he was living in a room in her house with his wife and as such no question of mistaken identity had arisen---Next day, said witness saw the accused cleaning clothes and then heard him exchanging hot words with his wife whilst loud music was playing---Said witness then saw the accused locking the room and left the house and then went down to the room where the window was opened and saw the feet of the deceased tied with the bed---Meanwhile the complainant arrived and broke the lock of the door where they found the hands and feet of the deceased tied with Dupata and Narra and her neck was tied with rope and she was dead--Landlord in his evidence confirmed the letting of the room in his house to the accused and the deceased on 01.11.2018 and that he saw the accused in the room on 02.11.2018 at 11.00 am eating breakfast which corroborated his wife's evidence of the accused and the deceased both being at home on the day of the incident and for the same reasons it was not a case of mistaken identity---Both the witnesses were independent witnesses and had no reason to falsely implicate the accused and gave their evidence in a straightforward manner and were not dented during crossexamination and the Trial Court found there evidence to be reliable, trust worthy and confidence inspiring and believed the same---Circumstances established that the prosecution had proved its case but since the case was based on circumstantial evidence as such death sentence was reduced to life imprisonment---Appeal was dismissed with said modification in sentence.Muhammad Abid v. The State PLD 2018 SC 813; Muhammad Pervaiz v. The State PLD 2019 SC 592; Nazir Ahmad v. The State 2018 SCMR 787; Nasrullah alias NASRO v. The State…

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