MUHAMMAD UZAIR vs State Ss — 2022 MLD 368 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 368 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD UZAIR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; 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 UZAIR VS State Ss.302(b) & 109---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, abetment---Appreciation of evidence---Confessional statement of accused---Scope---Accused was charged for committing murder of his wife by firing---Record showed that accused got recorded his confessional statement on 03.08.2017 while he was arrested on 31.07.2017---Accused, in his confessional statement, had stated that due to quarrel between his mother and ex-wife, his mother had left house and went to the house of his maternal grandmother while his wife had gone to his paternal grandmother/complainant---Accused stated that he repeatedly requested his ex-wife to come along with him to their own house but she refused and therefore he fired at her and also intended to kill himself, but a bullet got stuck in the pistol---For proving the confessional statement, prosecution had also examined the concerned Judicial Magistrate who had deposed in respect thereof and his testimony had also remained intact---During the course of cross-examination, nothing could be found which could have shaken evidentiary value of the confessional statement---In addition to the eyewitness account, confessional statement of the accused might also be considered safely---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---No premeditation in committing murder nor had there been any motive---Death penalty was converted into life imprisonment, in circumstances---Appeal was dismissed with said modification in sentence. Head Notes

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