GULZAR vs State S — 2022 YLRN 17 KARACHI-HIGH-COURT-SINDH

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

GULZAR VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---Accused was charged for committing murder of his brother-in-law and mother-in-law by firing---Complainant in his FIR had stated that relations of the accused and his wife were strained---Accused had married with the cousin of complainant about 18 years back, out of the said wedlock, they had 7/8 children---Accused was unemployed and his wife used to quarrel with the complainant due to his unemployment and thereby relations between the husband and wife became strained---On the day of incident, accused was quarrelling with the children and the eye-witnesses and deceased came to know about such maltreatment of accused and entered into the house of accused where accused was armed with pistol---Wife of the accused dragged her children into the room and accused committed murders of the deceased persons, who being brother and mother came to rescue the wife of accused from his attack---Said motive could not be established at trial---Wife of the accused in her evidence had stated that accused started maltreatment to the children on the day of incident---In the meanwhile, brother and mother of wife of accused came in the house and she took the children in the room and her brother and mother were killed by the accused when she was inside the room---In that case, matrimonial dispute between the complainant and the accused had been cited as motive behind the crime but it had not been established at the trial---Accused had motive against his wife who was pressurizing the accused to do some job for the children but accused became angry with his wife and consequently committed murders of deceased persons---Accused had no motive against deceased persons---Suddenly, both the deceased came in the house of the accused and thus, it was far from being clear as to what really actuated the accused to take lives of the deceased persons---Motive remained absolutely unproved being shrouded in mystery---Incident took place at the spur of the moment when both deceased entered into the house of the accused, who was fighting with the children and became annoyed when deceased intervened---Death sentence was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

GULZAR vs State S — 2022 YLRN 17 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported