SHAUKAT HUSSAIN vs State S — 2022 SCMR 1358 SUPREME-COURT

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SHAUKAT HUSSAIN VS State S. 302(b)---Husband accused of murdering his wife in their matrimonial house---Reappraisal of evidence---According to the accused-husband, his deceased-wife had happily rejoined him, albeit to the annoyance of the complainant (paternal uncle of deceased) who otherwise harboured a grudge and desired to see the marriage fail---Argument of accused found support from the fact that the deceased's father neither joined the investigative process nor opted to be in the witness-box; he would have been prosecution's best choice to prove both desertion as well as calamity that struck his daughter; his silence was most intriguing---Prosecution story was further negated by the autopsy report wherein on the neck a ligature mark was absent; there was one bruise accompanied by four abrasion marks with an intact hyoid bone---Though the death was opined as asphyxial, nonetheless, it did not appear to have occurred in the manner suggested in the crime report---Four alleged eye-witnesses claimed to have seen the occurrence from close distance, but surprisingly none of them intervened to rescue the deceased---Acquittal of co-accused, without challenge, was yet another predicament confronting the prosecution---Appeal was allowed, and accused was acquitted of the charge. Head NotesCase Description Citation Name: 2022 SCMR 1358 SUPREME-COURTBookmark this Case SHAUKAT HUSSAIN VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 122---Husband accused of murdering his wife in their matrimonial house---Onus on husband---Scope---In incidents of domestic violence more so in the event of homicidal death of a wife in the house of her husband a heavy onus is cast upon the latter to satisfactorily explain circumstances leading to the tragedy. Head NotesCase Description

SHAUKAT HUSSAIN vs State S — 2022 SCMR 1358 SUPREME-COURT

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