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---Right of private defence---Scope---Accused was charged for committing murder of the deceased by firing---Admittedly, the occurrence took place during nocturnal hours---Accused was present in her house along with her minor kids whereas her husband was away from the house---High Court observed that very act of surreptitious entry by a stranger armed with pistol at night time into the room of a young lady, who was all alone in her room, and his murder by her in exercise of her right of private defence was not only believable but the same was also inferable from the attending circumstances of the case because she had no other option at that critical situation but to fire at the intruder---Young lady in the company of her kids only could not expect that a trespasser armed with pistol had entered her room during nocturnal hours with a good intention, therefore, her act of firing at the deceased in the said situation could not be termed in excess than what was required at the relevant time---Accused being a female and alone in her room had no choice at the relevant time to act in a weighed and pondered manner for repulsing the deceased for protection of her life, honour and safety of her minor kids---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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