The Sindh High Court has dismissed the appeal of a man against his conviction in a double murder case but commuted his life imprisonment sentence into a 20-year jail term. Ismail Khan was sentenced to life imprisonment by a Malir additional sessions court for murdering his son-in-law and another person in the Steel Town area.
According to the prosecution, the complainant, Abdul Malik, had lodged an FIR and stated that his brother Imran and his friend Waleed Wali were killed by Imran’s father-in-law and his stepbrother-in-law who were compelling Imran to sell out his property in Hyderabad and give them the sale proceeds for the purpose of investment.
A counsel for the appellant submitted that the prosecution had failed to establish a case against the appellant as there was no direct evidence against him. He submitted that the evidence of the prosecution witness could not be relied upon because of being inconsistent and untrustworthy.
An additional prosecutor general supported the trial court order and said that the prosecution had proved its case against the appellant without any shadow of doubt. A single bench of the SHC comprising Justice Dr Fiaz-ul-Hasan Shah after hearing the arguments of the counsel observed that the prosecution witnesses’ evidence supported the prosecution story on circumstantial basis linking the appellant with the crime.
The high court observed that the motive arising from the monetary dispute between the appellant and the deceased, who was his son-in-law, had been clearly established. The SHC observed that the crime scene was in close proximity to the appellant’s residence and his presence was confirmed by the independent witnesses and no evidence suggested the involvement of a third party.
The SHC observed that the courts were empowered to exercise judicial discretion in tailoring punishment where mitigating factors existed, ensuring that justice was tempered with equity and compassion.
The high court dismissed the appeal of the convict but took a lenient view with respect to the sentence, and converted the life imprisonment awarded to the appellant under the Section 302(b) of the Pakistan Penal Code (PPC) into 20-year sentence maintaining the benefit of the Section 382(b) of the PPC as extended by the trial Court.