Mst. SHAZIA BIBI alias SHARJIKA BIBI vs State Ss — 2021 YLR 777 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 777 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: Mst. SHAZIA BIBI alias SHARJIKA BIBI vs State Ss
Subject matter: Criminal

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. SHAZIA BIBI alias SHARJIKA BIBI VS State Ss. 302, 201, 120-B & 34---Qatl-i-amd, causing disappearance of evidence of offence, criminal conspiracy, common intention---Appreciation of evidence---Benefit of doubt---Accused lady was charged for committing murder of her husband in collusion with her paramour---Accused allegedly confessed her guilt before the Judicial Magistrate, where she introduced co-accused with negative relations---Prosecution would have to establish on record that it was none else but the accused---Prosecution lost its honour, when it concealed the truth regarding her arrest and investigation before registration of case and after her confinement in the judicial lockup---Accused admitted that no mobile was found in her possession and even the prosecution could not collect the call data record to link her with the co-accused---Rest of the inmates did not charge her but only the interested ones---Complainant stated that when he arrived the room the deceased was lying in serious condition with a .30 bore pistol in his hand, so it further disturbed that how the pistol came in his hand---Mode and manner of killing was in mystery---Investigating Officer stated that he collected blood stained earth beneath the cot but why the mattress and charpaye were not stained with blood---Prosecution failed in all respects to tell as to who killed the deceased and that burden was never shifted to the accused when confession was later on retracted---Circumstances established that prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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