IHSAN ALI vs State Ss — 2023 PCrLJ 1429 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1429 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: IHSAN ALI 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

IHSAN ALI VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Motive not proved---Accused was charged for committing murder of his wife and injuring his cousin after proclaiming him to be siyakaar with his wife---Prosecution had pleaded that the accused had committed murder of the deceased and had attacked the injured after proclaiming them siyahkar, but the prosecution failed to prove the motive by producing any independent, convincing and confidence inspiring evidence to establish that actually the occurrence took place due to the motive of siyahkari---Thus, failure by the prosecution to set up the motive and then not proving it gave rise to mitigating circumstance---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to mitigating circumstance sentence was converted and reduced from capital penalty to that of life imprisonment---Appeal was dismissed with said modification in sentence.

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