Shahbaz Shah Legal Journal

Supreme Court of Pakistan

Habib Ullah v The State

Published on this website

Jail Petition No. 41 of 2023

Citation: Approved for reporting; neutral citation not stated in the supplied judgment

Pakistan | Pakistan Penal Code, 1860 | Section 302(b)Pakistan | Code of Criminal Procedure, 1898 | Section 544-APakistan | Qanun-e-Shahadat Order, 1984 | Article 2(4)Pakistan | Qanun-e-Shahadat Order, 1984 | Article 17(2)(b)Pakistan | Qanun-e-Shahadat Order, 1984 | Article 122Pakistan | Qanun-e-Shahadat Order, 1984 | Article 129

Case summary

The judgment in brief

In Habib Ullah v State, the Supreme Court upheld a husband's conviction and explained Articles 122 and 129 QSO in a wife's domestic homicide.

Question of law

Whether the proved circumstantial evidence, the petitioner's failure to explain facts especially within his knowledge, and his post-occurrence conduct completed the chain of guilt for his wife's murder inside their matrimonial home.

Court holding

What the Court decided

Yes. After the prosecution established the foundational circumstances, Article 122 required a plausible explanation of facts especially within the petitioner’s knowledge. The last-seen evidence, motive, medical compatibility, failure to report the crime and nearly seven years of abscondence formed a complete chain proving guilt beyond reasonable doubt.

Result

Outcome and directions

Leave to appeal was refused and Jail Petition No. 41 of 2023 was dismissed. The conviction under section 302(b) PPC, life sentence and Rs 500,000 compensation under section 544-A CrPC therefore remained undisturbed.

Practical effect

What the decision means in practice

Leave to appeal was refused and Jail Petition No. 41 of 2023 was dismissed. The conviction under section 302(b) PPC, life sentence and Rs 500,000 compensation under section 544-A CrPC therefore remained undisturbed.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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