Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Abscondance---Murder of own wife---Crime weapon, non-recovery of---Effect---Accused was alleged to have murdered his own wife and remained absconder for about two years---Nonrecovery of crime weapon was immaterial as incident took place on 8-7-2018 and accused was arrested on 16-3-2020, thus accused had sufficient time to dispose of or eliminate crime weapon in any manner---Recovery of crime weapon was only a piece of supporting evidence---Prosecution proved its case independently and mere non-recovery of crime weapon was no ground to discredit or disbelieve entire prosecution case---Accused committed murder of his wife and due to such reason, he remained fugitive from law---Dead body of deceased was recovered from the house of accused, which fact was confirmed by direct eye-witnesses and police officials who did not have any rivalry with accused---Burden of proof shifted upon the shoulders of accused to explain reasons of unnatural death of his wife committed in his own house but he failed to shift such burden from his shoulders--High Court declined to interfere in conviction and sentence awarded to accused by Trial Court as accused failed to point out any mala fide on the part of complainant party for his false implication---Appeal was dismissed, in circumstances.Irshad alias Shada v. The State 1992 PCr.LJ 2273; Allah Ditta v. The State PLD 2002 SC 52; Muhammad Amjad v. The State PLD 2003 SC 704; Sikander Teghani alias Muhammad Teghani v. The State 2016 YLR 1098; Muhammad Nadeem alias Deemi v. State 2011 SCMR 872; Wali Muhammad v. Ellahi Bakhsh 2005 SCMR 1526 and Saeed Ahmed v. The State 2015 SCMR 710 ref.Date of hearing: 30th September, 2022.JUDGMENTSARDAR AHMED HALEEMI, J.---This judgment disposes of Criminal Jail Appeal No.(S)10 of 2019 filed by the appellant (convict) Muhammad Azeem Son of Abdul Rehman, through Superintendent District Jail Dera Murad Jamali, against the judgment dated 16th April 2021 ("the impugned judgment") passed by learned Sessions Judge Dera Allah Yar ("the trial Court"), whereby the appellant was convicted under Section 302(b), P.P.C. and sentenced to…