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---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, intentional omission to give information of offence by person bound to inform, possession of illicit weapon---Appreciation of evidence---Examination of accused---Defence plea of alibi not plausible---Accused was charged for committing murder of his two wives by firing and burying them in a room of his house---Accused had taken the plea of alibi during his examination under S.342, Cr.P.C, by stating that he had proceeded to Kashmir for earning his livelihood and when he returned to his house one day prior to his arrest after two months and twenty days, he found his wives missing with further assertions that he was trying to find traces of his missing wives but the complainant arrested him through police with mala fide, and that it was the complainant himself who was involved in the murders of his wives---Said plea of the accused was nowhere suggested to the witnesses nor the same fit in the attending circumstances of the case---Admittedly the occurrence had taken place in 2011 and long before the said year the world had turned into a global village because of effective communication resources through modern technology in shape of cellular phones---Thus, it did not appeal to a prudent mind that the accused during his alleged stay in Kashmir never contacted his wives especially when there was no other male member in his house to protect them and help them in bringing ration and other necessary things of daily use---Moreso, it could not be expected from an ordinary man to presume that his wives were living safe and sound without confronting any disease or accident---Thus, the plea raised by the accused could not be accepted in the mentioned circumstances rather he had made a lame endeavor to save his skin by raising the plea of alibi---In such situation when the plea raised by the accused could not be accepted, being absurd and irrational, he was bound to explain that what had happened to his wives and how their dead bodies were buried inside a room of his house---Admittedly, wives of the accused had met unnatural deaths through firing as perexhumation report---Accused had neither announced their funeral prayers according to custom of the area nor made any report to police nor there was any evidence to show that he had taken his wives in injured condition to hospital for saving their lives---Conduct of the accusedwas relevant under Art. 122 of the Qanun-e-Shahadat, 1984, according to which if a particular fact is especially within the knowledge of any person the burden of proving that fact is upon him---Thus, in light of his failure to offer explanation regarding the said unnatural happening inside his house, it could be concluded that the accused had killed his wives and thereafter secretly buried them in a room of his house to conceal his crime---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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