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

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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---Ocular account supported by medical evidence---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 instant matter, the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence in a clear-cut manner---Incident took place in the day time and the presence of the witnesses had not been denied and also the witnesses had given details in the manner in a confident and inspiring manner---Only scope available to the appellant was to satisfactorily establish that the witnesses infact were not the eye-witnesses of the incident but they were interested one---In the instant matter, while recording a statement under S.342, Cr.P.C., the appellant had only stated that he was innocent and had not committed the murder of his mother and all story was managed one---Height of injustice and cruelty could be judged from the act of the appellant that on the day of the incident when the appellant returned to his house and found that his mother was ready/dressed up to go somewhere, which he suspected and caused hatchet below injuries by leveling allegations of honour killing---However, the appellant was not sure as to whether the deceased was going to meet with her paramour or someone else as he suspected that she was going to meet someone and only on that score did the appellant commit the murder of her mother/a young lady aged about 42/43 years---Direct evidence also found corroboration from the medical evidence with regard to the cause of death and the time of the incident as well as the weapon used in the commission of offence---Probable time between injuries and death were instantaneous and between death and post-mortem was about three (03) hours, which was suffice to say that the cause of death of the deceased was unnatural and thus, that also corroborated the evidence furnished by the complainant and his witnesses---Hence, such piece of evidence connected the appellant with the commission of the offence---Circumstances established that the prosecution had proved its case against the accused but due to some mitigating circumstances, death sentence was converted into imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, accordingly.

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

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