Shakir Ullah vs State Ss — 2026 PCrLJ 239 PESHAWAR-HIGH-COURT

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Shakir Ullah VS State Ss. 302(b) & 338-a---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, isqat-i-haml---appreciation of evidence---Defence plea not established---accused was charged for committing murder of his wife/daughter of the complainant by strangulating her neck---appellant had raised the plea that the deceased was a patient of epilepsy and that her death was due to natural causes---appellant had put forth a specific defense, as articulated in his statement recorded under S.342, Cr.P.C.---However, the prosecution had successfully fulfilled its obligation to establish the appellant's guilt beyond a reasonable doubt, thereby shifting the burden of proof to the appellant to substantiate his claims---Despite so the appellant did not testify under oath, nor did he present any witness to support his assertion that the deceased suffered from epilepsy---Being husband of the deceased, the appellant would have been expected to take her for medical treatment, had the deceased been afflicted with such a condition---Furthermore, other family members would have had knowledge of her alleged illness---Yet, the appellant failed to produce any medical records or produce any witness corroborating the deceased's health condition prior to her death---In that context, the appellant's unsubstantiated claims were insufficient to create a credible defense---Mere assertions without supporting evidence could not benefit him---Consequently, the prosecution's evidence stood unchallenged---Evidence presented against the appellant was compelling and firmly established his guilt beyond reasonable doubt---Circumstances established that the prosecution had successfully discharged its burden of proof by establishing the appellant's guilt beyond a reasonable doubt---appeal against conviction was dismissed, accordingly.

Shakir Ullah vs State Ss — 2026 PCrLJ 239 PESHAWAR-HIGH-COURT

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