ABDUL RAHIM vs State S — 2022 PCrLJN 4 KARACHI-HIGH-COURT-SINDH

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ABDUL RAHIM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Prosecution case was that the sister of complainant had been murdered by the brother of husband of deceased by firing---Record showed that the prosecution had proved its case against the accused beyond reasonable doubt by producing reliable, trustworthy and confidence inspiring evidence---Motive set-up by the prosecution was the enmity of accused with his brother and not with the deceased---As per evidence of said witness, he was present in the house with his two daughters wherefrom he saw the accused but the accused did not make any fire upon his brother and as such the prosecution had failed to prove the asserted motive during the evidence nor the same was investigated by the Investigating Officer---Nothing was available on record as to what was the actual dispute in between the parties resulting in the death of the wife of eye-witness---In the absence of proof of the asserted motive the real cause of occurrence had remained shrouded in mystery---Such factor had put the Court to caution in the matter of the sentence of death of the accused---Sentence of death of the accused was reduced to imprisonment for life, in circumstances---Appeal against conviction was dismissed with modification in sentence.

ABDUL RAHIM vs State S — 2022 PCrLJN 4 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported