Mst. SUMEERA SALEEM vs State S — 2023 MLD 1880 QUETTA-HIGH-COURT-BALOCHISTAN

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Mst. SUMEERA SALEEM VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 38, 39 & 40---Qatl-i-amd---Appreciation of evidence---Disclosure of accused recorded in DVD---Evidentiary value---Accused was charged for committing murder of her husband and two daughters by slitting their throats---Another piece of evidence, whereupon the prosecution rested its case was the disclosure of the accused recorded in the presence of Police Officer and video recording saved in a Digital Video-Versatile Disc (DVD), which was taken into possession---Said DVD was played in court in the presence of said Police Officer, whereof a transcript was also prepared---Accused was shown in the said video, while making disclosure to have administered sedative drugs injections to her deceased husband and daughters, before slitting their throats, culminating into their homicidal death due to the motive that her husband had illicit relations with another lady---Accused alleged that she used to quarrel with her husband and he stated that since they could not get divorced being Christians, as such, to get rid of them, he would kill the accused and their children---Thus apprehending that her husband would kill them, she on the pretext of administering vitamin and calcium injections administered her husband and children the sedative drugs by syringes, who became unconscious, whereafter she slit their throats with the cleaver (Toka) and wrote a suicidal note-letter, admitting the murders of her husband and children---Irresistibly, the memo of disclosure and DVD recording thereof were made in the custody of the police and the facts narrated thereof were known to the Police Officials prior to the disclosure and video recording---Prosecution witnesses had already visited the crime scene, collected the sedative drug materials and a suicidal note-letter written by the accused---Thus, in consequence of such disclosure no new or fresh facts had surfaced, therefore, the disclosure including the video recording of the disclosure being in contravention of Arts. 38 & 39 of Qanun-e-Shahadat, 1984 did not square within the preview of the Art. 40 of Order, 1984---Henceforth no explicit reliance could be placed thereon---Appeal was dismissed.

Mst. SUMEERA SALEEM vs State S — 2023 MLD 1880 QUETTA-HIGH-COURT-BALOCHISTAN

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