Sawab Khan vs State Ss — 2024 MLD 1682 PESHAWAR-HIGH-COURT

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Sawab Khan VS State Ss. 302(b) & 202---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, intentional omission to give information of offence by person bound to inform, possession of illicit weapon---Appreciation of evidence---Recovery of dead bodies from the room of the house of accused---Strong circumstantial evidence---Accused was charged for committing murder of his two wives by firing and burying them in a room of his house---In the first phase, prosecution had discharged its onus to prove that dead bodies of the two wives of the accused had been recovered from his residential house---In that regard, complainant/son of one of the deceased and nephew of the other deceased lady were examined, who duly identified the dead bodies during the course of exhumation---Said witness stated that the present accused had disclosed that the grave was of his two wives---Said witness had duly attested identification memo. of the grave, recovery memo. of dead bodies and identification memo. of dead bodies---Complainant was son of deceased lady from her previous late husband, (i.e. brother of the accused)---After death of her previous husband, the accused contracted marriage with her---During the course of exhumation, complainant duly identified dead body of his mother---Complainant had put his signatures on recovery memo. regarding dead bodies of the two ladies as well as the memo. regarding handing back of the dead bodies for reburial---All the witnesses including the Investigating Officer and Executive Magistrate had been subjected to lengthy cross-examination but nothing could be brought on the record from them to create a reasonable suspicion with regard to the process of exhumation---Accused had led the police and team of Medical Officers to the place where he had buried his wives after committing their murders through firing---Recovery of dead bodies from residential house of accused was a strong piece of circumstantial evidence against him which alone was sufficient to prove that none else but he had committed murders of his wives---Circumstances established that the prosecution had proved its case beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Sawab Khan vs State Ss — 2024 MLD 1682 PESHAWAR-HIGH-COURT

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