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

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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd and common intention---Appreciation of evidence---Sentence, reduction in---Withholding material evidence---Effect---Accused was charged that he along with co-accused committed murder of the cousin of complainant---In FIR, it was mentioned that accused committed the murder of deceased as according to accused deceased had evil eye upon his wife---Prosecution had failed to prove motive at trial for the reasons that wife of accused who was the material witness in the case as deceased had evil eye upon her, was neither examined by Investigation Officer nor produced at trial---Presumption under Art. 129(g) of Qanun-e-Shahadat, 1984 would fairly be drawn in case she would have been examined on the point, she might have not supported the case of prosecution---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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