QADIR BUX vs State S — 2023 MLD 469 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 469 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: QADIR BUX 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

QADIR BUX VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Quantum of sentence---Accused was charged for committing murder of daughter of the complainant by inflicting hatchet blows---Motive had been set up in the FIR that accused was addict of the narcotics and he was restrained by complainant and his uncles but without any result---Prosecution case was that accused committed the murder of daughter of complainant as he was ousted from village by complainant and uncles of accused, thus, accused had specific motive against the complainant and his uncles but it was not clear as to why accused committed the murder of deceased girl---Investigating Officer had also failed to interrogate/investigate about the motive as set up in the FIR---Prosecution had failed to prove motive from some independent piece of evidence---Medical Officer conducted the post-mortem examination of the deceased and found her victim of sexual abuse---Chemical Examiner's report showed that human sperms were detected---Such circumstances of the case had put to a caution in the matter of sentence of accused---Whole prosecution evidence was silent on that aspect of the case---Real cause of occurrence was shrouded in mystery and was completely suppressed by both the parties---When prosecution asserted a motive but failed to prove the same then failure on the part of prosecution might react against the sentence of death---High Court observed that life imprisonment would be appropriate, in circumstances---Death penalty was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

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