KHAMISO vs State S — 2023 YLR 1048 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 1048 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: KHAMISO vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 340; Criminal Procedure Code (V of 1898)

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

KHAMISO VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 340(2)---Qatl-i-Amd---Appreciation of evidence---Grave and sudden provocation---Proof---Defence evidence---Appreciation of evidence---Accused persons were convicted by Trial Court for committing Qatl-i-Amd---Neither of the defence witnesses even attempted to provide an alibi for accused---Defence witnesses were vague and their narration was sketchy and doubtful---When defence evidence was put in juxtaposition with prosecution case, it was prosecution case that was more convincing and believable---Throughout the trial accused persons never even suggested that they were provoked, to the contrary till the last minute, which was evident from defence witnesses they produced, they pleaded that they were not even present at the scene let alone being involved in the incident in any manner---Only during hearing of appeal that accused persons made a plea on such ground whereas they had been convincing High Court that they had not committed murder---Accused persons wanted to make their case fall within the ambit of "grave and sudden provocation" the burden of proof was on them and not the prosecution---Accused persons did not discharge such burden at trial---Plea raised in appeal was an afterthought---Act of accused persons did not fall within the provisions of S. 302(c), P.P.C.---High Court declined to interfere in conviction and sentence awarded by Trial Court---Appeal was dismissed, in circumstances.

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