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ABDUL JABBAR vs State Ss — 2022 PCrLJN 72 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 72 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ABDUL JABBAR vs State Ss
Subject matter
Criminal

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

ABDUL JABBAR VS State Ss. 302(b) & 34---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Accused was charged for committing murder of complainant's sister and injuring another person by firing---Record showed that occurrence had taken place in broad day light and inside the house of complainant---Accused, who was the brother of the complainant, was named in the FIR as sole perpetrator of the murder of his sister and attempting to commit murder of injured witness---Complainant and other witnesses being inmates of the house where occurrence had taken place and the time of occurrence was such that eye-witnesses were likely to be present in the house at that time---Complainant and other two witnesses who were the real brothers of the accused had absolutely no reason to falsely implicate the accused in the murder of his sister---Crime weapon was also produced by the accused---Medical evidence had provided full support to the ocular account furnished by three eye-witnesses---Record was silent as to why injured was found inside the house of the complainant when injured had demanded the hand of sister of the complainant one year back and it was refused and accused was annoyed with the injured---Prosecution had nothing to state as to why injured went to the house of accused when he was annoyed with him---Prosecution had failed to explain as to why accused killed his young sister---Real cause of occurrence in the house of the complainant shrouded in mystery and was completely suppressed by both the parties to the case---Investigating Officer had also failed to interrogate/ investigate about the motive for commission of the offence---Such circumstances of the case had put the High Court to caution in the matter of accused's sentence, as such, maintaining death sentence would be unwarranted in the case and life imprisonment would be the appropriate sentence---Appeal against conviction was dismissed to the extent of conviction of the accused but the same was partly allowed to the extent of death sentence which was reduced to imprisonment for life.

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