Law: Penal Code (XLV of 1860)

Section: 302,324,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 122

Pakistan Penal Code, 1860 (XLV of 1860)------Ss. 302/324/34--Qatl-i-Amd--Qanun-e-Shahadat Order, (10 of 1984), Art. 122--Circumstantial evidence--Death occurred in asphyxia modeExtra judicial confession--Quantum of sentence--Mitigating circumstances--Death sentence converted into imprisonment for life--Appellant developed illicit relation with his sister in law (Sali)--Appellant informed the complainant telephonically that his wife has died due to cardiac arrest--PW-7 had conducted autopsy on the dead body of deceased and observed two dirty black colour impressions on both sides of the neck--She formed an opinion that death occurred in asphyxia mode alongwith poisoning--There was no possibility of direct evidence and the prosecution has to establish its case on the basis of circumstantial evidence--Extra judicial confession of the appellant--Both the witnesses were neutral persons having no direct relationship with the complainant and at the same time have no animosity or ill will against the appellant for falsely involving him in the charge of capital punishment--Death occurred due to asphyxia mode along with poisoning--Medical evidence confirmed that deceased met with an unnatural death--Recovery of two empty strips of Lorazepam 2mg Arsopal got recovered by the appellant--Her liver, lung, stomach, kidney, heart, brain and blood of the deceased were sent to the office of PFSA--Liver of deceased contained 11.195 Mg/Kg Lorazepam--Two empty leaves of tablet were secured from the residential room of the deceased--The said room was in exclusive possession/use of the appellant and his deceased wife--Recovery lends full support to the prosecution story--In cases where the offence is committed in a privacy of room, no doubt initial burden is upon the prosecution but the onus would comparatively be of lighter nature--If the husband or the wife as the case may be failed to offer an explanation how his/her partner met with unnatural death inside the bedroom, the same can be considered an additional factor qua his/her guilt--Where the offence was committed in the privacy of room, the first version of the accused is of much significance--Prosecution has successfully proved…