Sher Muhammad vs State Ss — 2025 MLD 227 PESHAWAR-HIGH-COURT

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Sher Muhammad VS State Ss. 302(b), 324 & 337-D---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of his spouse and two daughters and also made an attempt to take the life of his third daughter---Ocular account furnished by daughter of the appellant, who sustained firearm injuries in the occurrence, specifically held the appellant responsible for murdering her mother, sisters and firing at her brother in the house at 12:00 pm (noon)---According to said witness, on 02.04.2022 at 12:00 pm, while womenfolk were indulged in altercation, his father came home, closed the door, brought the Kalashnikov and fired at their deceased mother---Said witness stated that in order to save her mother, she laid down on her, but due to firing, her mother, sisters and herself received firearm injuries, whereby her deceased mother and sister succumbed on the spot, whereas her deceased sister died on her way to hospital---Injured witness further testified that her brother was also fired at, but she saved his life by embracing him in her arms---Said witness received firearm injuries, which were confirmed by the Medico-Legal Certificate---Injuries sustained by said witness had also not been denied by the defence---Said witness being daughter of the appellant neither had any reason to falsely implicate the appellant being her father nor the defence had come up with any defence of false implication due to ulterior motives---Despite lengthy cross-examination, testimony of said witness could not be shaken by the defence---Statement of said witness by all means inspired confidence and was truthful---Complainant was the brother of deceased, however he was not the eye-witness of the occurrence---According to complainant, appellant was habitual of torturing her deceased sister---Other eye-witness affirmed the testimony of complainant regarding tyranny by the appellant upon his deceased wife and children---Said witness testified that on 02.04.2022 at about 12:00 pm, he along with other witness went to meet deceased and found door of the house closed from inside, where they heard clamours---Said witness stated that they scaled the wall and saw the appellant having Kalashnikov in his hand, making fires upon the deceased and his two daughters, who were sitting inside the room and when injured tried to save her brother, she also received firearm injuries---Circumstances established that the prosecution had proved its case against the appellant, however due to mitigating circumstances the sentence of capital punishment awarded to the appellant was converted into life imprisonment---Appeal was dismissed, in circumstances, with said modification in sentence.

Sher Muhammad vs State Ss — 2025 MLD 227 PESHAWAR-HIGH-COURT

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