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Saddam Hussain vs State S — 2024 PCrLJ 1499 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1499 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Saddam Hussain vs State S
Subject matter
Criminal
Provisions referred to
S. 497; Penal Code (XLV of 1860)

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

Judgment text as reported

Saddam Hussain VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 311, 109 & 34 ---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, abetment , common intention---Post arrest bail, grant of---Further inquiry---Record revealed that the event/occurrence in hand was unseen in its nature and kind, as the complainant/Sub-Inspector initially took up the matter for investigation/report on the strength of source report based on rumors prevailing in the locality in respect of unnatural death of the deceased lady as if she had allegedly been administered poison and done to death on the alleged pretext of honour---No doubt, the exhumation report spoke about a ligature mark of 04 c.m. around the neck of the deceased, however, it was yet to be determined by the Trial Court, after recording of evidence pro and contra, whether it was an act of the single accused i.e petitioner or whether other inmate of the house of the accused-party had also participated in the same---Therefore, said element alone made the case of the accused /petitioner arguable for the propose of bail---Even otherwise, evidentiary value of the prosecution's evidence, in particular statement of the mother of the deceased, and guilt of the accused/petitioner would be adjudged by the Trial Court after recording of evidence pro and contra--For the time being, the case of the accused/petitioner was one of further inquiry--- Bail was granted to the petitioner / accused, in circumstances.

Other judgments reported in 2024 PCRLJ

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