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

Case information

Citation: 2025 MLD 227 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: MLD
Parties: Sher Muhammad vs State Ss
Subject matter: Criminal

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

Sher Muhammad VS State Ss. 302(b), 324 & 337-D---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---No premeditation to commit murders---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---Solitary statement of injured witness was confidence inspiring and truthful, which was sufficient enough to conclude that appellant had committed murder of deceased persons and caused injuries to said witness---Admittedly, there was no question of any misidentity or any reason of false implication by injured witness---However, question arose that as to whether the incident occurred abruptly without premeditation due to rage or the occurrence took place accidentally without any intention to commit murder of the deceased persons---Critical analysis of the testimony of injured witness showed no premeditation on the part of the appellant to commit murder of his wife and children---Circumstances of the instant case pointed towards the fact that due to altercation between the appellant's first and second wife the instant occurrence took place at the spur of the moment without any previous motive or premeditation, making case of the appellant one of mitigating circumstances---Thus, the sentence of capital punishment awarded to the appellant was converted into life imprisonment---Appeal was dismissed, in circumstances, with said modification in sentence.

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