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MUHAMMAD IJAZ vs State S — 2025 SCMR 1591 SUPREME-COURT

Case information

Citation
2025 SCMR 1591 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
MUHAMMAD IJAZ 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 IJAZ VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Murder of wife committed in the house of accused---Onus on accused/husband to explain circumstances leading to death---Accused was alleged to have committed murder of his wife---Trial Court convicted the accused and sentenced him to death---High Court converted the death sentence into imprisonment for life---Validity---Appellant also failed to give any plausible explanation regarding the murder of his wife in his house---In criminal cases, it is for the prosecution to establish its case against an accused, however, in the instant case deceased was a vulnerable dependent of the appellant, as such, some part of the onus had shifted to the appellant to explain the circumstances in which his wife had died an unnatural death in his house during the fateful night which part of the onus had not been discharged by the appellant---Undoubtedly, the accused was not required to take a special plea, but where the only alternative theory to his guilt was a remote possibility which, if correct, he was in a position to explain, the absence of any explanation must be considered in determining whether the possibility should be disregarded or taken into account--- Appeal against conviction was dismissed, in circumstances.

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