SAJJAN vs State Ss — 2023 YLR 461 KARACHI-HIGH-COURT-SINDH

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SAJJAN VS State Ss. 302(b), 324, 311 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Sentence, reduction in---Mitigating circumstance--- Scope---Accused was charged for committing murder of his wife/daughter of the complainant and also causing injuries to her paramour---Record showed that the Investigation Officer had failed to interrogate/investigate about the motive as set up in the FIR---Not a single witness had seen the accused while committing the murder of his wife---Accused in his confessional statement had also not stated that he had seen injured with his wife in physical contact with each other---Injured had deposed that at the time of incident, accused declared him on illicit relations with his wife and caused knife blows at neck, he went unconscious and heard cries of deceased---Two prosecution witnesses had also not witnessed the actual incident but their evidence was relevant and reliable---Present case fully attracted the rule of res gestae---Record was silent as to why father of deceased remained calm, even FIR was not lodged by him---Such circumstances of the case had put to a caution in the matter of sentence of accused---Whole prosecution evidence was silent on the said aspects of the case---Thus, real cause of occurrence was shrouded in mystery and was completely suppressed by both the parties---Prosecution asserted a motive but failed to prove the same which might re-act against the sentence of death passed against the accused on the charge of murder---None had seen the accused while committing the murder of his wife in the house but there was huge evidence which clearly showed that accused had committed the murder of his wife in the house and attempted to commit murder of his paramour/injured---Said fact squarely constituted "proof beyond doubt" admitting no hypothesis other than guilt of accused---Father of deceased was also present at the door of the accused when he committed the murder of his daughter but neither he rescued her daughter nor lodged FIR of the incident---Brother of injured/witness was also present at the time of incident but he had also not lodged FIR to the police station---Prosecution had failed to prove the motive at trial---Said facts were the mitigating circumstances in the case, which were sufficient to adopt the alter course by awarding life imprisonment instead of death sentence---Appeal was partly allowed and death sentence was reduced to imprisonment for life in circumstances.

SAJJAN vs State Ss — 2023 YLR 461 KARACHI-HIGH-COURT-SINDH

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