MASHOOQUE vs State Ss — 2023 MLD 749 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 749 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MASHOOQUE vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342

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

MASHOOQUE VS State Ss. 302(b) & 34---Qatl-i-amd and common intention---Appreciation of evidence---Sentence, reduction in---Motive not proved---Mitigating circumstances---Scope---Accused was charged that he along with co-accused committed murder of the cousin of complainant---Investigating Officer in his evidence had stated nothing about the motive---Trial Court had also failed to put that incriminating piece of evidence to the accused for his explanation in his statement recorded under S. 342, Cr.P.C---Trial Court had also failed to record any finding on the piece of motive in impugned judgment---Prosecution had rightly conceded that motive had not been proved at trial---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---If prosecution asserted a motive but failed to prove the same then failure on the part of prosecution might react against the sentence of death passed against accused on the charge of murder---Maintaining the death sentence would be unwarranted in the peculiar circumstances of the case and life imprisonment would be an appropriate imprisonment---Appeal was dismissed, however, death sentence was reduced to imprisonment for life.

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