Aijaz Ali vs State Ss — 2025 YLR 2555 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2555 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Aijaz Ali vs State Ss
Subject matter: Criminal

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

Aijaz Ali VS State Ss. 302(b) & 311---Qatl-i-amd, ta'zir after waiver or compounding of the right of qisas in qatl-i-amd---Appreciation of evidence---Quantum of sentence---Mitigating circumstances---Scope---Accused was charged for committing murder of his mother by inflicting hatchet blows due to suspicion that she went away for purpose of meeting with someone---In the present case, from the perusal of the evidence of the eye-witnesses, it appeared that not a single witness deposed that the appellant entered his house with the intention to kill her mother nor it appeared from the scenario of the offence, but suddenly he committed the offence, hence in the present case preparation and intention were lacking---Moreover, there was no premeditated intention but incident took place due to flare up of emotions---A single mitigating circumstance available in a particular case would be sufficient to put on guard the Judge not to award the penalty of death but life imprisonment---If a single doubt or ground is available, creating reasonable doubt in the mind of the Court/Judge to award either the death penalty or life imprisonment, it would be a sufficient circumstance to adopt an alternative course---For the said reasons/mitigating circumstances maintaining the death sentence would be unwarranted in the peculiar circumstances of this case and life imprisonment would be the appropriate imprisonment---Therefore, death sentence was converted into imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, accordingly.

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