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MUHAMMAD KHAN alias MITHU vs State S — 2025 PLD 425 SUPREME-COURT

Case information

Citation
2025 PLD 425 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
MUHAMMAD KHAN alias MITHU vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

MUHAMMAD KHAN alias MITHU VS State S.302 (b)---Qatl-i-amd---Reappraisal of evidence---Triple murder---Death sentence on three counts---Principle of expectancy of life---Motive not proved---Plea of substitution---Accused was convicted and sentenced to death on three counts for committing triple murder---Plea raised by accused was that it was a blind murder---Validity---Both the eye-witnesses had plausibly explained their presence with deceased at the spot at the time of occurrence---Presence of complainant with three deceased out of whom one was his brother and remaining two were his wife and daughter respectively, was quite natural and appealable---In villages such close relatives do associate and accompany each other to market/bazaar for purchase of household articles---Substitution of real culprits, especially in cases where eye-witnesses lost their kith and kins before their own eyes was a rare phenomenon---Once motive is set up by prosecution, but thereafter fails to prove the same, then prosecution must suffer the consequences and not the defense---Supreme Court declined to interfere in conviction of accused recorded by two Courts below under section 302(b), P.P.C. but converted death sentence into imprisonment for life on three counts as prosecution failed to prove motive and there were minor discrepancies in evidence coupled with long incarceration of accused, since his arrest including his period in death cell---Appeal was dismissed.

Other judgments reported in 2025 PLD

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