Muhammad Waqas vs State S — 2025 YLR 1609 LAHORE-HIGH-COURT-LAHORE

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Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Medical evidence confirming unnatural death of deceased---Accused was charged for committing murder of his wife/sister of complainant---Medical Officer, who had conducted autopsy on the dead body of deceased on 04.04.2016 at about 7.10 p.m., observed two dirty black colour impressions on both sides of the neck---Duration between injury and death was immediate, whereas, between death and postmortem examination report was 14 to 20 hours---According to the opinion of Medical Officer, death occurred due to asphyxia mode along with poisoning---Thus, medical evidence confirmed that deceased met with an unnatural death---Circumstances established that the prosecution had proved its case beyond shadow of any doubt, however due to a mitigating circumstances, death sentence was converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentence. Citation Name: 2025 YLR 1609 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---First version of killing the deceased provided by the accused after his arrest---Reliance---Accused was charged for committing murder of his wife/sister of complainant---At the time of the arrest of accused, he disclosed that from day one, he intended to marry younger sister of the deceased but the family of the deceased was not ready to give hand of their younger daughter in the presence of the elder one, as such his marriage was arranged with the deceased; that accused made his mind to get married with younger sister of deceased, but for achieving that goal deceased was the main hurdle and he made different plans to remove her from his way; that on the fateful day, accused arranged intoxicant pills and after grinding the same asked the deceased to take them for the treatment of abdomen pain; that thereafter, accused kept on waiting for the death of the deceased---At about 2.00 pm when he observed that deceased was still breathing, he put a pillow on her mouth and choked her breath; that around 3½ am (night), accused told his family members and took the deceased to the hospital, where the Medical Officer confirmed her death---Accused informed the parents of deceased that she died due to cardiac arrest---During investigation first version of the accused was found correct---First plea of an accused was admissible piece of evidence---Circumstances established that the prosecution had proved its case beyond shadow of any doubt, however due to a mitigating circumstances, death sentence was converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentence. Your Search returned total 35531 records from 5950 - 6000 Citation Name: 2025 YLR 1609 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive proved---Accused was charged for committing murder of his wife/sister of complainant---Motive as set out by the prosecution was that the accused intended to get married to younger sister of the deceased and in order to achieve that goal, he committed the crime---Main part of the motive had been clearly stated by the complainant in his examination in chief, which served the very purpose---Even otherwise, when the omitted part of Fard Bayan was confronted to the complainant, he conceded said facts, as such by confronting the same, the defence helped the prosecution in many words to establish the same---Moreso, both the witnesses of extra judicial confession also categorically stated that the appellant confessed before them that he committed the murder of his wife, in order to get married to her younger sister and the defence could not shatter their credibility on this point---Additionally, the appellant upon his arrest, in his first version also conceded that the only purpose for committing the murder of deceased was to get married with her sister, which though had been denied by him subsequently in his statement recorded under S.342, Cr.P.C. yet in cases where a partner was met with unnatural death in the privacy of a room, first version of the surviving partner had persuasive value and could not be ignored at all, as such the same also strengthened the version of the prosecution---Hence, the prosecution had successfully proved the motive part of the occurrence---Circumstances established that the prosecution had proved its case beyond shadow of any doubt, however due to mitigating circumstances, death sentence was converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentences. Citation Name: 2025 YLR 1609 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Mitigating circumstances---Sentence, reduction in---Accused was charged for committing murder of his wife/sister of complainant---In the instant case, there was no direct evidence against for appellant and the entire case hinged upon circumstantial evidence, therefore, as a matter of caution, it would be considered as a mitigating circumstance for awarding the appellant lesser punishment---Even otherwise, when a case qualified for awarding of both sentences of imprisonment for life and that of the death, the proper course for the Courts, as a matter of caution, is to give preference to the lesser sentence---Thus, the appeal stood dismissed by maintaining conviction for offence under S.302(b), P.P.C, however sentence of capital punishment was converted into one of imprisonment for life---Appeal was dismissed with said modification in sentence. Citation Name: 2025 YLR 1609 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of pills used to murder the deceased---Reliance---Scope---Accused was charged for committing murder of his wife/sister of complainant---Record showed that two empty strips of Lorazepam 2mg were recovered from the place of occurrence and a packet of Lorazepam 2mg was also recovered by the appellant---At the time of postmortem examination, her liver, lung, stomach, kidney, heart, brain and blood were sent to the office of Forensic Science Agency, for expert opinion and according to the report of said office, liver of deceased contained 11.195 mg/kg Lorazepam---Two empty strips of tablet were secured from the residential room of the deceased---Said room was in exclusive possession/use of the appellant and his deceased wife and there was no possibility of plantation of said empty strips of the tablets upon the appellant---Moreso, a packet of Lorazepam 2mg recovered by the appellant was also sent to the office of Forensic Science Agency on 27.04.2016 and the report of said office had been received on 28.09.2016---Till the arrival of report of Forensic Science Agency, no medical expert was in a position to determine what kind of poisonous material was administered to the deceased, except the person who administered the same---Presence of two empty strips of tablets at the spot and recovery of rest of the same tablets by the appellant himself much prior to the report of Forensic Science Agency showed that the appellant was responsible for administering huge quantity of tablets to the deceased---Such kind of tablets were available in medical stores and could easily be secured for the purpose of plantation but here in this particular case, the appellant himself disclosed the name of the Medical Store owned by "H" from where he purchased the said tablets and the Investigating Officer while appearing in the witness box deposed that he joined said "H" during investigation, who confirmed purchase of tablets by the appellant and he placed his statement on record---Moreso, prior to the report of Forensic Science Agency, the prosecution could not take risk of planting the same on its own, because if in the end, in the report of Forensic Science Agency some other material was detected, then it would have had serious consequences qua the veracity of prosecution story---Thus, it could safely be concluded that the recovery lent full support to the prosecution story---Circumstances established that the prosecution had proved its case beyond shadow of any doubt, however due to mitigating circumstances, death sentence was converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentence. Citation Name: 2025 YLR 1609 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Extra judicial confession---Scope---Accused was charged for committing murder of his wife/sister of complainant---Accused made extra judicial confession before two witnesses---Both the said witnesses while appearing the dock in the Court room unanimously stated that on 04.04.2016 upon hearing the news of death of deceased, they reached in the house of the appellant for obituary, when brother of the deceased/complainant told them that his sister was murdered by the appellant---At about 2.00 p.m. appellant invited them and one given up witness to a corner for telling them something and thereafter took them to the fields, where he confessed before them that he committed the murder of deceased by administering poisonous tablets and strangulating her and requested for managing pardon for him---Both the said witnesses were cross-examined but they remained firm and consistent on material points and the prosecution had failed to extract any favourable material from their mouths---Accused tried to give the murder a colour of natural death but when the legal heirs of the deceased decided to lodge the criminal case against him qua the murder of deceased, he in order to save his skin attempted to manage the situation---One of the witnesses belonged to Lamberdar family of village of the complainant and in rural set up no one could deny the influence of said family upon the villagers---Similarly, other witness was close family relative of the complainant, as such he was also a suitable person to use his influence for securing clean chit for the appellant, therefore, keeping in mind these factors the appellant made extra judicial confession before them---Moreso, both the witnesses were neutral persons having no direct relationship with the complainant and at the same time had no animosity or ill will against the appellant for falsely involving him in the charge of capital punishment---Even the appellant in his statement recorded under S.342, Cr.P.C. did not question the neutrality of said witnesses or even a slight indication of their hostility towards him---Both the witnesses faced the test of cross-examination with confidence, therefore, their evidence being free from any bias deserved consideration---Circumstances established that the prosecution had proved its case beyond shadow of any doubt, however due to mitigating circumstances, death sentence was converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

Muhammad Waqas vs State S — 2025 YLR 1609 LAHORE-HIGH-COURT-LAHORE

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