HAJIRA BIBI alias SEEMI vs State Ss — 2023 YLRN 19 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

HAJIRA BIBI alias SEEMI VS State Ss. 302, 201, 202, 109 & 34---Qatl-i-amd, causing disappearance of evidence, intentional omission to give information of an offence, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Circumstantial evidence---Accused were charged for committing murder of the brother of the complainant---Evidence against the ladies accused was based on circumstantial evidence--- When the evidence was taken in a holistic manner it proved that the ladies accused on account of an internal dispute planned, instigated and abetted the murder of the deceased through conversations overheard by at least three witnesses, that the murder did in fact take place allegedly by the person whom they had arranged to carry out the murder, the absconding co-accused being their close relative---Shortly after the murder, based on spy information phones were recovered from ladies accused which belonged to them and contained an incriminating voice message from the murderer which directly linked them to the plan, instigation and abetment of the murder of the deceased which was also linked back to the ladies accused through forensic evidence and that the ladies accused complied with the voice mail by deleting other incriminating messages on their phones as directed by the caller in the voice message who admitted murdering the deceased by shooting him in the head as found by the forensic evidence---Prosecution had proved its case against the ladies accused beyond a reasonable doubt and their convictions were maintained as each piece of circumstantial evidence linked the dead body of the deceased to the neck of the ladies accused---Extra care and caution must be taken before handing down the death penalty and in that case since the ladies accused did not actually fire on the deceased and their role was confined to abetment, planning and instigation and even it was doubtful whether the prosecution had asserted and proved the motive for the murder of the deceased, reduced the death sentences handed down to each of the lady accused to one of life imprisonment each with all other fines, compensation and other sentences in the impugned judgment remaining intact---Appeal to the extent of ladies accused was dismissed with modification in sentence.

HAJIRA BIBI alias SEEMI vs State Ss — 2023 YLRN 19 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported