Ghulam Saeed vs State S — 2025 YLR 2065 PESHAWAR-HIGH-COURT

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Ghulam Saeed VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Plea taken by appellant in his statement recorded under S.342, Cr.P.C---Scope---Accused was charged for committing murder of his wife/sister of the complainant---In his statement under S.342, Cr.P.C., the appellant was shown the evidence indicating that he was present on the day of the occurrence in his house along with his wife (victim) and children---Appellant replied that he was not present in his house at the time of the occurrence, and that he was out of the city for doing his labour job---Appellant also replied that he participated in the victim's funeral prayer but further stated that due to fear, he left the house, and did not appear before the police---Replies of appellant were contradictory---If he was out of the locality on that day, how, then, did he manage to attend the funeral prayer---In poof of such plea, neither appellant opted to record his statement on oath under S.340(2), Cr.P.C., nor did he avail an opportunity to prove the plea of his absence from his house---Article 122 of Qanun-e-Shahadat, 1984, requiring evidential burden of proof, would trigger only when appellant indicated a fact especially in his knowledge---In that context, the appellant could have, at least, offered some explanation as to why and by whom his wife had been done to death inside his house---Statement of appellant that he ran away due to fear of police further supported the prosecution's stance that he committed the murder---Circumstances established that the prosecution had proved its case against the appellant, however, due to some extraneous circumstances, the death sentence was altered to sentence for life imprisonment---Appeal was dismissed with said modification, in sentence.

Ghulam Saeed vs State S — 2025 YLR 2065 PESHAWAR-HIGH-COURT

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