Desperate nature of accused

2017 SCMR 201 SUPREME-COURT Judicial Precedent

Ss. 302(b), 324, 337-A(i), 337-D, 337-F(i) & 337-F(iii)Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, jaifah, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimahRe-appraisal of evidenceDeath sentence, confirmation ofDesperate nature of accusedBrutal and merciless nature of murder

Due to strained relations with his wife and her shifting to her brother's house the accused not only killed his wife and her brother but had also injured three other persons

For committing murder the accused not only used a pistol but also a screw-driver with the use of which he had tried to take out the eyes of some of his victims

Record made it abundantly clear that the accused had acted in the matter brutally and mercilessly and that he was a desperate person evoking no sympathy in the matter of his death sentence

Appeal was dismissed accordingly and death sentence awarded to accused was upheld.

2017 SCMR 188 SUPREME-COURT Judicial Precedent

Ss. 302(b), 452 & 34Qatl-i-amd, house-trespass after preparation for hurt, common intentionReappraisal of evidenceDeath sentence, confirmation ofDesperate nature of accused

Accused used to associate with serious criminals because of which the deceased, who was his relative, rebuked and reprimanded the accused

On the basis of such rebuke and reprimand the accused and co-accused persons not only killed the deceased but also, injured three eye-witnesses of the occurrence

Occurrence took place inside the house of the complainant during midnight, and it had been mentioned in the FIR that a tubelight was switched on at the relevant time and on account of availability of such light the complainant party had been able to identify the accused and co-accused persons

During investigation a tubelight had indeed been secured from the spot by the investigating officer

Firearms and sotas had been used during the occurrence from very close proximity, thus, it would not have been difficult for the complainant party to identify the assailants including the accused

Besides accused was related to the complainant and the deceased and the parties were on visiting terms

Three eye-witnesses of the incident were injured during the occurrence, which established their presence at the spot at the relevant time

Said eye-witnesses made consistent statements vis-a-vis the role played by the accused and medical evidence provided full support to their statements

Medico-legal examinations of the eye-witnesses as well as the post-mortem examination of the deceased had been conducted quite promptly leaving no room for deliberations or fabrication of a story

During investigation, the accused remained absent and had, thus, been declared a Proclaimed Offender and such conduct on his part had provided further corroboration to the ocular account

One of the co-accused was convicted and sentenced to life imprisonment for the occurrence, but had not challenged his conviction and sentence before the Supreme Court meaning thereby that he (co-accused) had accepted the case of the prosecution

Accused was a desperate person and conduct displayed by him surely detracted from any sympathy to be extended to him in the matter of his death sentence

Appeal was dismissed accordingly and death sentence awarded to accused was upheld.