Obaid Ullah vs Mst — 2025 MLD 1773 PESHAWAR-HIGH-COURT

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Obaid Ullah VS Mst. Gul Meena Circumstantial evidence---Scope---In case of circumstantial evidence much is needed from the prosecution to collect and the Investigating Agency is under the obligation to create a well-built chain with no link missing, so that its one end would touch the dead body of the deceased and the other the neck of the accused. Citation Name: 2025 MLD 1773 PESHAWAR-HIGH-COURTBookmark this Case Obaid Ullah VS Mst. Gul Meena Ss. 302(b), 311 & 325---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit suicide, possession of illicit weapon---Appreciation of evidence---Medical evidence supporting the ocular account---Accused-father was charged for committing murder of his minor daughter by slaughtering her with a dagger/churri---Medical evidence was in harmony with the confessional statement of the appellant, as the appellant admitted to have cut the throat of the deceased which was confirmed by the Medical Officer---Recovery of dagger and its identity by the shopkeeper from whose shop the same was purchased, was another factor which had granted support to the case of the prosecution---When the medical evidence was in harmony with the ocular account and when the circumstantial evidence was consistent, then no option was left with the Court to favour the appellant, that too, at the cost of the prosecution---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 1773 PESHAWAR-HIGH-COURTBookmark this Case Obaid Ullah VS Mst. Gul Meena Ss. 302(b), 311 & 325---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit suicide, possession of illicit weapon---Appreciation of evidence---Accused-father was charged for committing murder of his minor daughter by slaughtering her with a dagger/churri---Record showed that soon after the matter was reported, the dead body was discovered after few hours of the report, but record was silent regarding the source of information and the complainant could not tell that how was he informed regarding the fact that the dead body was that of his daughter and that who identified her before the complainant was informed---Said uncertainty regarding the source of information to the complainant put the law enforcement agency on guard regarding the connectivity of the appellant with the tragic incident---Suspicion grew stronger, when wife of the appellant recorded her statement 164, Cr.P.C., where she explained that how the deceased left the house and subsequently it was she who charged the appellant for the murder of the deceased---Appellant was arrested and it was during investigation that he led the police party to the place of occurrence and he helped the Investigating Officer for making addition in the site plan---Moreover, it was appellant on whose pointation the dagger/churri was recovered a little away from the place of occurrence and the same was taken into possession---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 1773 PESHAWAR-HIGH-COURTBookmark this Case Obaid Ullah VS Mst. Gul Meena Ss. 302(b), 311 & 325---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit suicide, possession of illicit weapon---Appreciation of evidence---Recovery of weapon of offence and a pistol on the pointation of accused---Reliance---Scope---Accused-father was charged for committing murder of his minor daughter by slaughtering her with a dagger/churri---As the weapon of offence was recovered from a field and as the field was situated away from the place where the dead body was found, so such a recovery, that too, on the pointation of the appellant had strengthened the case of the prosecution---As the place wherefrom the dagger was recovered was not in the knowledge of the local police and the local police had not visited the same, so the recovery on the pointation of the appellant had confirmed that the same was in the knowledge of the appellant and as that recovery was made on his pointation, so under Art.40 of the Qanun-e-Shahadat, 1984, the same could be taken into consideration---Matter did not end here, rather the appellant led the police party to the house of one from whom the pistol was barrowed and it was the said person who handed over the pistol to the Investigating Officer with a stuck bullet in its chamber---Though the pistol was never used in the commission of the offence, yet as per narration of the appellant he collected the same so that after killing the deceased he could commit suicide---Recovery of the pistol with a stuck bullet in its chamber had supported the case of the prosecution and was a circumstance which could be taken into consideration---Investigating Officer also recorded the statement of a shopkeeper, from whose shop the dagger/churri was purchased---Said shopkeeper identified the dagger, as the one purchased from his shop---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 1773 PESHAWAR-HIGH-COURTBookmark this Case Obaid Ullah VS Mst. Gul Meena Ss. 302(b), 311 & 325---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit suicide, possession of illicit weapon---Appreciation of evidence---Confessional statement of the accused---Voluntariness---Accused-father was charged for committing murder of his minor daughter by slaughtering her with a dagger/churri---Judicial Magistrate, who recorded the confessional statement of the appellant, explained that how the appellant was brought into his Court; that how he introduced himself and warned the appellant of the consequences of his statement and he also explained that it was after the willingness of the appellant was obtained, his statement was recorded---Questionnaire appended with the statement was taken into consideration, where the Court, despite effort, could not come across any illegality, rather it confirmed that the relevant questions were put and the relevant answers were obtained---Confessional statement was self- explanatory, where the appellant explained that how the deceased was brought to the spot, how was she killed and how the dead body was brought to the hospital---Appellant further explained that what prompted him to kill the deceased and he also confirmed that right from the day of his marriage he was suspecting his wife of enjoying illicit relationship in the area---Confessional statement could not give an impression that it was obtained because of influence and torture---The confessional statement got support from the recoveries made on the pointation of the appellant and also from the statements recorded by different persons in respect of different events---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 MLD 1773 PESHAWAR-HIGH-COURTBookmark this Case Obaid Ullah VS Mst. Gul Meena Ss. 302(b), 311 & 325---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit suicide, possession of illicit weapon---Appreciation of evidence---Motive proved---Accused-father was charged for committing murder of his minor daughter by slaughtering her with a dagger/churri---Prosecution could not bring independent evidence to prove its motive, but as the motive was lying hidden in the mind of the appellant, so it was the appellant who disclosed the same and it was his confessional statement from where it could be gathered---Unfortunate on part of the appellant that it was his suspicion which turned to be the cause of brutal killing of the deceased---Being a father had he no suspicion, then there was no reason for him to kill, but it was the suspicion of legitimacy over the child which prompted him to kill the deceased---Manner in which the deceased was butchered, was a circumstance which indicated the hatred which the appellant had and it did tell that the appellant without asking for clarity committed the offence---Motive was fully proved, not only from the circumstances of the case, but also from the confessional statement of the appellant and as such the same was rightly taken into consideration---Circumstances established that the appellant could not succeed in making out a case for the indulgence of the High Court---Appeal against conviction was dismissed, in circumstances.

Obaid Ullah vs Mst — 2025 MLD 1773 PESHAWAR-HIGH-COURT

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