MUHAMMAD USMAN vs State S — 2022 MLD 1239 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1239 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD USMAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 265-H; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD USMAN VS State S.302 (b)---Criminal Procedure Code (V of 1898), S. 265-H(2)---Qatl-i-amd---Appreciation of evidence---Confession by accused---Grave and sudden provocation---Scope---Accused was convicted and sentenced to imprisonment for life on the basis of confession made by him---Contention of accused was that he murdered under grave and sudden provocation as he was incensed when told by his wife that deceased had tried to commit Zina with her---Validity---Accused did not commit offence in the heat to that moment---Accused overtly maintained cordial relations with deceased even after he claimed to have been informed of such alleged advances and then committed murder with remediation after admittedly having called deceased to his residence for that purpose---Sufficient time was available for passion to have cooled down and reason to have prevailed---Accused formed intention of killing deceased and after having armed himself with a knife had called deceased to his house with intention of perpetrating the act, then proceeding to inflict as many as eight separate knife wounds as recorded in post-mortem report---High Court declined to interfere in judgment passed by Trial Court---Appeal was dismissed, in circumstances.

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