MUHAMMAD HASSAN vs State S — 2023 MLD 1054 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1054 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD HASSAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 HASSAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of his wife with knife and strangulating her with a dupatta---Record showed that the incident took place during midnight and the accused in the morning reported the matter to the Police Station, without any delay---Thus, spontaneity and immediacy of the statements or facts in relation to the fact in issue which were made without premeditation or artifice and without a view to the consequences were admissible, because they were the natural result of the act they characterized or elucidated---Statement/confession of the accused initially before the police authorities prior to commencement of the investigation was a res gestae, as till then neither the FIR was registered nor any investigation had started, however, his statement was followed by the recovery of the dead body and thereafter, his such statement was corroborated by the witnesses during the trial---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

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