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MUHAMMAD SAMI alias MUHAMMAD ADIL vs State Ss — 2022 YLRN 173 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 173 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD SAMI alias MUHAMMAD ADIL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; S. 342; 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 SAMI alias MUHAMMAD ADIL VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in--- Confession, retraction of---Scope---Accused was charged that he along with his co-accused committed murder of the brother of complainant by strangulation and then his throat was cut by knife---Allegedly, the accused had been coerced and induced into making his judicial confession or else his father and brother would be put in trouble and that he along with his father and brother were arrested from his house and the same line was adopted in his S. 342, Cr.P.C. statement---Such assertion was a mere afterthought---Accused did not inform the Judicial Magistrate about such assertion at the time of making his judicial confession and did not even suggest it to the Judicial Magistrate when he gave evidence at trial during his cross-examination---Accused failed to produce either his father or brother as defence witness to support his claim or even give evidence that he was arrested from his house---Investigating Officer had not proven enmity against accused and no reason to force him or induce him to confess to a crime which he had not committed---Retracted judicial confession of the accused had been voluntarily made and its object was to tell the truth as it confirmed with the other evidence adduced during the prosecution case---No procedural irregularities were found in recording the confession of the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however the case of prosecution was largely turned on circumstantial evidence, thus the death sentence was converted into life imprisonment---Appeal was dismissed with said modification in sentence.

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