FARHAN AHMED vs State S — 2022 YLR 1085 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1085 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: FARHAN AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 342---Q; S. 342; S. 340; 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

FARHAN AHMED VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Defence plea---Scope---Accused was charged for committing murder of his wife/sister of the complainant---Record showed that in the statement of accused recorded under S.342, Cr.P.C., the accused took plea that he committed murder of his wife on account of suspicion of being unchaste having illicit relations with brother-in-law of the accused---Reiterating the same plea, accused also appeared as his own witness under S. 340(2), Cr.P.C., but declined to produce defence evidence---Thus, it appeared that at the time accused chose not to disclose the name of any person, but at the time of recording his statement under S.342, Cr.P.C and statement on oath under S. 340(2), Cr.P.C., the accused named his brother-in-law whose name was disclosed to the accused by sister of deceased, but surprisingly said sister was not examined by the accused in his defence---Plea raised by the accused was found to be afterthought---Defence plea had not been substantiated by some material---Trial Court had rightly disbelieved the defence theory---Even otherwise, no one had licence to kill wife---Circumstances established that prosecution had proved its case against the accused, thus, conviction was upheld under S.302(b), P.P.C., but reduced the sentence of accused from that of the death penalty to life imprisonment---Appeal against conviction was disposed of with said modification in sentence.

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