Muhammad Faizan vs State Ss — 2024 YLR 2409 KARACHI-HIGH-COURT-SINDH

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Muhammad Faizan VS State Ss. 302(b), 302(c) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Confession, retraction of---Scope---Accused were charged for committing murder of their own father for allegedly causing sexual harassment to their sister---Admittedly, the case was an unseen one which was primarily based on retracted judicial confessions and other circumstantial evidence---Accused were arrested on 14.10.2017 and they made judicial confessions respectively on 19.10.2017---Retracted judicial confession could be relied upon if it was found to be voluntary and was truthful and fitted in with the prosecution case---In the present case, the accused had retracted their judicial confessions claiming that same were not voluntarily made and were made on account of police torture---However, police torture was not mentioned to the Magistrate at the time of their confession---Moreover, there were no marks of torture on their bodies at the time of giving the confession---Neither accused gave evidence on oath in support of such contention---Confession fully fitted in with the prosecution case---Accused persons murdered the deceased with a knife which was also supported by the medical evidence---Confessions were made voluntarily with the object to tell the truth---Record showed that the Magistrate committed no material procedural irregularities in recording the judicial confession---Post mortem report fully supported the prosecution evidence and the confession of the accused persons that the deceased died from stab wounds---However, prosecution had not proved its case against accused persons under S.302(b), P.P.C, rather under S.302(c), P.P.C, as such they were convicted under S.302(c), P.P.C, and each was sentenced to 12 years R.I. in circumstances---Appeals were disposed of with modification in sentence. Citation Name: 2024 YLR 2409 KARACHI-HIGH-COURT-SINDH Muhammad Faizan VS State Ss. 302(b), 302(c) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Lodging FIR with promptitude---Accused were charged for committing murder of their own father for allegedly causing sexual harassment to their sister---Both the accused were named along with their co-accused in the promptly lodged FIR as being at the house where the body of the deceased was recovered along with the churri (murder weapon) and were arrested on the spot---However, prosecution had not proved its case against accused persons under S.302(b), P.P.C rather under S.302(c), P.P.C, as such they were convicted under S.302(c), P.P.C, and each was sentenced to 12 years R.I. in circumstances---Appeals were disposed of with modification in sentence. Citation Name: 2024 YLR 2409 KARACHI-HIGH-COURT-SINDH Muhammad Faizan VS State Ss. 302(b), 302(c) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Police witnesses, evidence of---Scope---Accused were charged for committing murder of their own father for allegedly causing sexual harassment to their sister---Record showed that there was no ill will or enmity between the police and the accused persons and as such they had no reason to falsely implicate the accused persons in the case---However, the prosecution had not proved its case against accused persons under S.302(b), P.P.C, rather under S.302(c), P.P.C, and as such they were convicted under S.302(c), P.P.C, and each was sentenced to 12 years R.I., in circumstances---Appeals were disposed of with modification in sentence. Citation Name: 2024 YLR 2409 KARACHI-HIGH-COURT-SINDH Muhammad Faizan VS State Ss. 302(b), 302(c) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Minor contradictions in the statements of witnesses---Inconsequential---Accused were charged for committing murder of their own father for allegedly causing sexual harassment of their sister---Witnesses were consistent in their evidence---If there were some contradictions in the evidence of witnesses, same were minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the conviction of the accused persons---Evidence of the witnesses provided a believable corroborated unbroken chain of events from the discovery of the dead body at the house of the accused persons to their arrest on the spot to their judicial confessions to the recovery of the churri from one of the accused persons---However, the prosecution had not proved its case against accused persons under S.302(b), P.P.C, rather under S.302(c), P.P.C, and as such they were convicted under S.302(c), P.P.C, and each was sentenced to 12 years R.I, in circumstances---Appeals were disposed of with modification in sentence. Citation Name: 2024 YLR 2409 KARACHI-HIGH-COURT-SINDH Muhammad Faizan VS State Ss. 302(b), 302(c) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sudden provocation---Conviction converted from S.302(b) P.P.C to S.302(c), P.P.C---Accused were charged for committing murder of their own father for allegedly causing sexual harassment to their sister---Confessions of the accused persons showed that the deceased had a history of sexually abusing female relatives---On the day of occurrence, both the accused persons went to save their sister from being raped by the deceased---When both the accused persons went to rescue their sister from the deceased neither of them was armed and hence there was no premeditation on their part---Rather both the accused persons saved their sister and in doing so one of the accused persons was stabbed by the deceased on his hand which fact was supported by the prosecution evidence and exhibits---Deceased kept on coming at the accused persons with a view to kill them, hence he was stabbed by the other accused to finally stop him---As such, it was a case of sudden provocation falling under S.302(c), P.P.C.---Circumstances established that the prosecution had not proved its case against accused persons under S.302(b) P.P.C rather under S.302(c), P.P.C, and as such they were convicted under S.302 (c) P.P.C and each was sentenced to RI for 12 years---Appeals were disposed of with modification in sentence.

Muhammad Faizan vs State Ss — 2024 YLR 2409 KARACHI-HIGH-COURT-SINDH

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