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MUHAMMAD RAHEEL vs State S — 2023 PCrLJ 1752 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJ 1752 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PCRLJ
Parties
MUHAMMAD RAHEEL vs State S
Subject matter
Criminal
Provisions referred to
S. 302; 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

MUHAMMAD RAHEEL VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Statement of blind witness---Scope---Accused was charged for committing murder of his wife/sister of complainant by inflicting knife blows---Mother of the deceased appeared as a witness---Said witness knew the accused well and was present in the house at the time of the accused entered the house---Said witness might not have been able to see the accused but since the accused was married to her daughter she would have been able to recognize his voice, smell and mannerism quite easily---According to her evidence the accused always fought with the deceased---Witness stated in her evidence that on the day of the incident the accused came into the house and called the name of her daughter after which she told the accused to go away, however the accused pushed her over and on his entering the house she heard hue and cries and she then fell unconscious---Said witness was not a chance witness as she lived in the house where the incident occurred and was not dented during cross-examination---Evidence of said witness was believable especially as the accused admitted in his statement under S. 342, Cr.P.C. that he came to the house and found his wife dead although he did not mention the presence of mother of deceased/witness, thus, it did not appeal to reason, logic or commonsense that the mother of the deceased who was a semi eye-witness would let the murderer of her daughter go scot free by substituting the accused with an innocent person---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed accordingly.

Other judgments reported in 2023 PCRLJ

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