Azhar Iqbal vs State — 2026 PCrLJ 961 SUPREME-COURT-AZAD-KASHMIR

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Azhar Iqbal VS State. S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the wife of complainant, his sister-in-law and his own wife by firing---In the instant case, the Trial Court as well as the High Court had properly appreciated the evidence and there was not a single piece of evidence which had not been duly considered---Vital question argued by both the parties related to quantum of sentence---Trial Court awarded death sentence (two times) to the convict-respondent for the murder of two ladies and life imprisonment for the murder of his wife---High Court while accepting the appeal filed by the convict, awarded him 25 years' rigorous imprisonment (three times) for the commission of murder of all the three deceased ladies, whereas, it kept intact the rest of the sentences awarded by the Trial Court---Convict-respondent had not challenged the crime without being unnecessarily harsh---In the instant case, the motive alleged by the complainant party was that the complainant and the two deceased ladies went to the home of the convict-respondent for negotiating compromise between him and his wife, whereas, it was evident from the record that convict- respondent had divorced his wife, on 05.05.2010, much before the incident---Divorce deed had also been brought on the record, hence, the question of compromise or resettlement did not arise, meaning thereby, that the motive alleged by the prosecution remained obscure and could not be proved as alleged---Motive though was not sine qua non for bringing the offence of murder at home but it had importance regarding the quantum of sentence---Where the motive, as alleged, was not positively proved, extreme penalty of death was not warranted under law---Moreover, it was revealed from the record that as per prosecution version some other persons also saw the convict-respondent fleeing from the place of occurrence but the said independent persons were not cited in the challan as witnesses and only related and interested witnesses had been produced by the prosecution---Although, it was not mandatory for the prosecution to produce all the witnesses cited by it in the calendar of witnesses but the situation was quite different in the instant case---Police had notcited independent persons as witnesses in the challan---If independent persons were not cited in the challan or withheld by the prosecution then the presumption could be inferred against the prosecution that such witnesses, if cited or produced, would have not supported the case of the prosecution---Thus, in the circumstances of this case, it was of the opinion of the Court that for the safer dispensation of justice, it would be appropriate not to impose the extreme penalty of death sentence rather the sentence awarded by the High Court would meet the ends of justice---Consequently, appeal, having no substance, was dismissed.

Azhar Iqbal vs State — 2026 PCrLJ 961 SUPREME-COURT-AZAD-KASHMIR

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