FAZAL MUHAMMAD vs State — 2026 SCMR 737 SUPREME-COURT

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FAZAL MUHAMMAD VS State. Ss.302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Defence plea of suicide not plausible. Petitioners were charged for committing murder of sister of complainant. Record showed that dead-body of deceased was recovered from room of house of "FM" (petitioner). Said petitioner was head of family and living in house where his son's wife died an unnatural death, but instead of reporting matter to police, he remained silent. Said petitioner tried to give colour of suicide to death of deceased, but when prosecution witnesses reached at spot after occurrence they noticed that feet of deceased were touching floor of room where her dead-body was hanging. No table, chair or other supporting article was present around dead-body to show that deceased first climbed on such article and after pushing it committed suicide. Door of room where occurrence took place was open and petitioner "FM" had not claimed that said door was broken by anybody. A "dupatta" was found around neck of deceased and another "dupatta" was found on eyes of deceased, therefore, Courts below rightly concluded that there was no reason for deceased to first tie her eyes with a "dupatta" and thereafter commit suicide. Medical characteristics of suicide were also missing in the case. Petitioner "FM" recorded his judicial confession before Judicial Magistrate. In said judicial confession, petitioner confessed that he developed illicit relationship with deceased and later committed her murder due to fear that she might disclose said relationship. However, evidence of complainant showed that there were domestic disputes between petitioner and his daughter-in-law/deceased regarding amount sent by husband of deceased from Saudi Arabia etc. It was evident that due to said domestic disputes, petitioner committed murder of deceased. Circumstances established that prosecution had proved its case against petitioner beyond shadow of any doubt. Petition to extent of said petitioner was partly dismissed and leave to extent of said petitioner was refused.

FAZAL MUHAMMAD vs State — 2026 SCMR 737 SUPREME-COURT

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