Bashir vs State Ss — 2025 MLD 753 KARACHI-HIGH-COURT-SINDH

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Bashir VS State Ss. 302(b) & 201---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender---Appreciation of evidence---Ocular account not supported by medical evidence---Accused was charged for committing murder of his wife/daughter of complainant---In the present case, the appellant had maintained that his wife committed suicide when he was out of the house and when he reached the house the house was locked and he entered via the ventilator---Said method of entry was corroborated by other witness who was an independent witness and who lived above the appellant and would have no reason to give false evidence---Moreover, there was no eye-witness to the incident and no last seen evidence connecting the accused with his wife in respect of the incident---House was locked from the inside which only the wife could have done---According to the complainant the deceased complained to him about the accused maltreating her---Said fact was not supported by any other evidence on record---Prosecution witness who lived immediately upstairs from the appellant did not hear any arguments or quarrel coming from the house below where the accused and the deceased was living---Medical evidence did not support any recent acts of violence against the deceased apart from the neck injury---Hence there was no motive for the appellant to murder his wife especially as they had five children between them---First Information Report led to the exhumation of the body of the deceased on orders of the Court and the body of the deceased was exhumed by a team of medical experts who also carried out a post mortem---Medical evidence showed that the board was of the opinion that the death occurred due to asphyxia which resulted from constrictions of neck and hard and blunt injuries leading to cardio-respiratory failure---Moreover, the marks of injuries were noted at the time of exhumation of dead body---No other marks of injuries were found on the dead body of the deceased lady---Based on the above medical evidence without an eye-witness to the murder and the appellant's story that the deceased hung herself the Court found that the prosecution had not been able to prove beyond a reasonable doubt that the deceased was murdered and did not commit suicide as per the defence case---Appeal against conviction was allowed, in circumstances.

Bashir vs State Ss — 2025 MLD 753 KARACHI-HIGH-COURT-SINDH

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