Muhammad Jalal vs State Ss — 2025 YLR 2129 PESHAWAR-HIGH-COURT

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Muhammad Jalal VS State Ss. 302(b), 324, 338-C, 114, 201 & 203---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, isqat-i-janin, causing disappearance of evidence of offence, or giving false information to screen offender, giving false information respecting an offence committed, possession of illicit weapon---Appreciation of evidence---Accused were charged for committing murder of the sister-in-law (bhabhi) of the complainant and also causing firearm injuries to his brother---Evidently, the deceased was pregnant at the time of her murder---In view thereof, the prosecution had incorporated S.338-C, P.P.C, in the FIR, which prescribed punishment for isqat-i-janin as defined under S.338-B, P.P.C---According to the ultrasound report, the fetus was approximately 16 weeks old with an expected date of delivery noted as 16.07.2022---Since the deceased was murdered on 20.02.2022, the gestational age of the fetus at the time of the incident was around 19 weeks---Thus, there remained no ambiguity that the deceased was carrying a 19-week-old fetus at the time of her death---Based on the medical and physiological development, there remained no doubt that at the time of the mother's death, the fetus had attained the form of a complete child who also lost his life---Killing of such a developed fetus, therefore, must be construed as the killing of a human being---Court further observed that S.338-C, P.P.C., pertained where the fetus was still in a formative stage, with some organs developed and others still developing---However, in the facts of the case, where the fetus had reached full formation, the appropriate provision of law was S.302, P.P.C, not S.338-C, P.P.C---In the present case, the circumstances were strikingly similar, wherein appellant had been convicted and sentenced under S.338-C, P.P.C., instead of S.302, P.P.C., for causing the death of the fetus---In such a scenario, appeal was allowed by setting aside the impugned judgment and the case was remanded to the Trial Court for de novo trial after framing of distinct charges against the appellants/ accused facing trial under S.302, P.P.C., instead of S.338-C, P.P.C., for the murders of both female as well as unborn child.

Muhammad Jalal vs State Ss — 2025 YLR 2129 PESHAWAR-HIGH-COURT

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