| Case ID |
3954c8a5-2d65-49e9-9944-efe18d1738e6 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Jail Appeal No. 218 of 1974 |
| Decision Date |
Sep 16, 1976 |
| Hearing Date |
|
| Decision |
The Sindh High Court set aside the impugned judgment and remanded the case for retrial. The appellant was initially convicted and sentenced to five years of rigorous imprisonment and fined Rs. 1,000 under section 304 of the Pakistan Penal Code for killing his wife. However, the court found that the plea of guilt was not recorded in the appellant's own words, which is a requirement under section 271 of the Code of Criminal Procedure. The court emphasized that in capital cases, the plea of guilt should not usually be accepted without corroborating evidence. The case was remanded to ensure proper legal procedure was followed during the initial trial. |
| Summary |
This case involves an appeal by the appellant against the conviction and sentence imposed by the Sessions Judge, Sukkur, for the culpable homicide of his wife. The incident occurred on February 3, 1974, where the appellant killed his wife after allegedly finding her with another man. The conviction was based on a plea of guilt, which was later contested due to procedural non-compliance. The Sindh High Court highlighted the importance of adhering to legal procedures in capital cases, stating that pleas of guilt must be recorded in the accused's own words and that the evidence should be thoroughly examined. The court decided to remand the case for retrial, ensuring that justice is served according to legal standards. This case underscores the critical nature of proper legal representation and adherence to procedural law in criminal justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAKAULLAH LODHI, J
|
| Lawyers |
|
| Petitioners |
Not available
|
| Respondents |
The State
|
| Citations |
1976 SLD 1018 = 1976 PCRLJ 204
|
| Other Citations |
Akbar v. The State Cr. Jail Appeal No. 134/74
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
304,
302,
271
|