Table of Contents
- Introduction
- Overview of Charges
- The Incident and Key Testimonies
- The Widow’s Testimony
- Other Witnesses’ Statements
- Establishing Motive
- Investigation and Trial
- Sentencing and Appeal
- Court’s Conviction and Defense Arguments
- Reduction of Sentence
- Key Judicial Principles
- Conclusion
1. Introduction
This case involves Qatl-i-Amd (intentional murder) and highlights how eyewitness accounts and motives affect court decisions. The court charged the accused under Section 302 of the Pakistan Penal Code (PPC) for killing the complainant’s brother.
2. Overview of Charges
The prosecution charged the accused with:
- Section 302, PPC: Intentional murder.
- Abetment: Assisting in committing the crime.
- Section 13 of the Arms Act: Possession of an illegal weapon.
The prosecution relied on eyewitness testimony, the motive behind the crime, and evidence collected after the incident.
3. The Incident and Key Testimonies
The Widow’s Testimony
On July 28, 2011, around 5:20 AM, the widow of the deceased saw the accused kill her husband. She said the accused fired a 12-bore shotgun, hitting the victim’s chest and right arm. These injuries caused his immediate death. She described the incident in detail and identified the accused in court without hesitation.
Other Witnesses’ Statements
The complainant supported the widow’s testimony. He confirmed her account of events and filed the FIR soon after the incident. Other witnesses testified that they saw the accused running away from the crime scene.
4. Establishing Motive
The prosecution proved the motive behind the murder. A land dispute had caused tension between the two families. Fifteen days before the incident, the victim and his father insulted the accused’s mother. This insult created resentment, which led the accused to commit the crime. The widow and the victim’s father gave consistent statements about the motive. During cross-examination, the defense admitted the land dispute but argued it did not prove intent to murder.
5. Investigation and Trial
Investigation
Police submitted a challan under Section 173 of the Code of Criminal Procedure (CrPC) on October 21, 2011. The prosecution listed 25 witnesses and recorded the statements of 24 witnesses during the trial.
Trial
The trial court recorded the accused’s statement under Section 342, CrPC. The prosecution presented evidence to prove the charges. After examining the evidence, the court convicted the accused and sentenced him to death under Section 302, PPC.
6. Sentencing and Appeal
Court’s Conviction and Defense Arguments
The defense argued that witness testimonies had contradictions. They claimed the prosecution falsely implicated the accused due to the family dispute. Despite these claims, the court found the evidence credible and upheld the conviction.
Reduction of Sentence
The court considered several mitigating factors. It noted that co-accused individuals were falsely implicated and later exonerated. This raised questions about the credibility of some aspects of the case. As a result, the court reduced the death penalty to life imprisonment, ensuring a fair outcome.
7. Key Judicial Principles
This case emphasized these principles:
- Eyewitness Credibility: The widow’s testimony was clear and consistent.
- Proving Motive: The land dispute provided a logical reason for the crime.
- Mitigating Circumstances: The court reduced the penalty after considering evidence gaps and fairness.
8. Conclusion
This case shows how courts carefully analyze evidence and motives before deciding on punishments. The reduction in the sentence reflects the importance of balancing justice with fairness. It highlights the role of clear eyewitness accounts and logical motives in achieving a just verdict.