Mst. MUKHTAJ BIBI vs State S — 2021 MLD 1972 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1972 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: Mst. MUKHTAJ BIBI vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 164; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. MUKHTAJ BIBI VS State S.497---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 404---Qatl-i-amd, rioting, armed with deadly weapon, common object, dishonest misappropriation of property possessed by deceased person at the time of his death---Bail, grant of---Further Enquiry---Prosecution case was that the deceased left her house on the pretext of an inquiry about the health of an ill person and when she did not turn up the complainant started searching her in the surrounding area and found her dead body---Complainant had initially charged four persons but later on he recorded his statement under S.164, Cr.P.C., before the Judicial Magistrate and introduced new facts that it was the accused and another who handed over the deceased to the accused persons---Subsequent recorded statement of the complainant had no basis and he could not explain the source of his satisfaction and had even failed to produce an independent witness who had seen the deceased while riding on motorcycle with the accused and another---Investigating Officer had allegedly recovered a mobile phone and purse belonging to deceased from the possession of accused but the prosecution had failed to bring on record any connecting evidence to establish the ownership of the deceased over the recovered articles---Accused had succeeded in making out a case as one of further inquiry---Bail petition was allowed, in circumstances.

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