Mst. SHAHEEN ZARI vs State Ss — 2022 YLR 1901 PESHAWAR-HIGH-COURT

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Mst. SHAHEEN ZARI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Benefit of doubt---Scope---Accused was charged for committing murder of the deceased by firing---Admittedly, the report was lodged by the accused stating therein that an unknown person had entered her room at night time when she was sleeping with her kids whereas her husband was away from home for the purpose of repairing his dented vehicle---On getting sight of the stranger, she picked up pistol of her husband and fired at the intruder as result whereof he died at the spot---Place of the occurrence was established in light of recovery of dead body as well as blood, two crime empties of 30-bore and a spent bullet from residential room of the accused and she had not denied the said recoveries during her examination under S. 342, Cr.P.C.---Accused had also admitted murder of the deceased in her statement under S.342, Cr.P.C through a .30 bore pistol of her husband which was taken into possession---Murder of the deceased by the present accused inside her house was an admitted fact in view of her report as well as her statement under S.342, Cr.P.C.---High Court observed that High Court was not in agreement with findings recorded by the Trial Court in the impugned judgment while convicting her for the said murder---Circumstances established that the prosecution could not discharge its burden of proving the case against the accused, hence, accused was entitled to get the benefit of circumstances of the case which led a prudent mind to the conclusion that she had acted in her defence---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Mst. SHAHEEN ZARI vs State Ss — 2022 YLR 1901 PESHAWAR-HIGH-COURT

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