DILAWAR ALI vs State S — 2022 SCMR 1066 SUPREME-COURT

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DILAWAR ALI VS State S. 497---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Husband accused of strangling his wife to death inside their matrimonial house---Bail, refusal of---Medical evidence ruling out suicide---Contention of accused-husband that his wife committed suicide---Validity---With an infant baby girl of 9 months, it was rather hard to entertain hypothesis of suicide by a feeding mother---Medical Officer noted a ligature mark around the neck seemingly a complete scar, between both ears; it was thick and hard with parchment, without there being any obliquity, that inevitably occurred in a case of voluntary suicide on account of sudden fall through gravitational pull---External as well as internal petechial hemorrhage unmistakably suggested application of manual compression, a sign diametrically inconsistent with the plea of suicide, further confirmed by an intact hyoid bone---Petition for leave to appeal was dismissed, leave was refused and accused was refused bail. Head NotesCase Description Citation Name: 2022 SCMR 1066 SUPREME-COURTBookmark this Case DILAWAR ALI VS State S. 497---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qanun-e-Shahadat (10 of 1984), Art. 122---Husband accused of strangling his wife to death inside their matrimonial house---Bail, refusal of---Instead of taking the police on board, accused preferred to avail remedy of ad interim pre-arrest bail, a protection hardly available to him under the law, and finally when the same was recalled, it was thereafter that he came up with the plea of suicide, a circumstance nugatory in itself---Joint abode of the spouses was a common ground and, thus, a statutory burden within the contemplation of Article 122 of the Qanun-e-Shahadat, 1984 was cast upon the accused to explain as to what befell upon his wife who spent the preceding night with him under the same roof; his failure to vindicate his position was further aggravated by the statements of witnesses, suggesting an ongoing acrimony between the spouses and, thus, constituted "reasonable grounds" within the contemplation of section 497 of the Cr.P.C.---Petition for leave to appeal was dismissed, leave was refused and accused was refused bail. Head NotesCase Description

DILAWAR ALI vs State S — 2022 SCMR 1066 SUPREME-COURT

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