PAKISTAN: SHC COMMUTES DEATH SENTENCE INTO LIFE TERM IN TRIPLE MURDER CASE
April 27, 2023:
The Sindh High Court on April 17, 2023 commuted the death sentence handed down to a man into life imprisonment in a triple murder case. (Sources: Dawn, 18/04/2023; The News, 18/04/2023)
An additional district and sessions court (West) had sentenced Mohammad Shadeed to death in April 2022 for killing his wife Aneela and two minor children in their home in Orangi Town in April 2019.
The convict, through his counsel, filed an appeal against capital punishment before the SHC and after hearing both sides and examining the record and proceedings of the case, a division bench comprising Justice Mohammad Karim Khan Agha and Justice Khadim Hussain Tunio commuted it into life term.
The bench in its judgement observed that “undoubtedly, the crime went unwitnessed and committed in the four walls of the house and in such matters the case of prosecution fully dependent on circumstantial evidence”.
“The prosecution witnesses had deposed about appellant’s high temperament and familial disputes with his wife and he used to torture her,” it added.
The verdict stated that the murder weapon, a dagger, was also recovered on a lead provided by the appellant and its forensic report confirmed that the same was found to be stained with human blood.
While taking into account the statements of witnesses and extrajudicial confession of the appellant, it further noted that “prosecution has curated an unbroken chain of circumstances and essentially proved the culpability of appellant for murder of his wife and children”.
The bench observed that it was also established that the appellant often lost control of himself due to his short temper and it could easily be argued that when a person was put in such a state, one lost control of their consciousness and did things that they would often not have done had they not been in that state of provocation.
“In a case of similar nature based on circumstantial evidence and extrajudicial confession, the Supreme Court had converted death penalty into life term,” it added.