State vs Gul Zarin Ss — 2026 MLD 824 PESHAWAR-HIGH-COURT

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State VS Gul Zarin Ss. 302(b), 201 & 202---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, causing disappearance of evidence or giving false information to screen an offender---Appreciation of evidence---Appeal against acquittal---Accused was charged for committing murder of his wife/sister of the complainant---SHO deposed that the second marriage of accused was solemnized about 17/18 years back and the deceased was also living with them in the same house---Complainant deposed in his examination-in-chief that he lodged his report on 08.01.2017 to SHO---In his cross-examination, complainant stated that from 27th December up to 7th January, 2017, complainant-party had remained mum about missing of deceased lady---Complainant admitted that prior to subject occurrence no quarrel had taken place between his sister and the accused---Assistant Commissioner deposed in his cross-examination that when they reached to the spot of recovery of dead body of the deceased, the Police Officials had already been present there---Investigating Officer deposed in his cross-examination that the alleged recovery of dead body of deceased had been shown from a thickly populated and surrounding houses---However, no private or independent person from the locality had been associated with the recovery proceedings---In view of such glimpses of evidence of prosecution's witnesses, it was crystal clear that prosecution had not been able to prove nexus or connection of the accused with the alleged murder of his wife, especially, when as per record the accused had contracted a second marriage some 17/18 years back and thereafter for sufficient time she was living in the house of her husband even in presence of his second wife---If the accused was having any intention to kill the deceased, he could have done it in her bloom days instead of waiting for long 18 years---Prosecution had not been able to discharge its initial burden in the instant case---Thus, Trial Court had therefore rightly extended benefit of doubt to accused/respondent through impugned judgment in shape of his acquittal---Appeal against acquittal was dismissed, in circumstances.

State vs Gul Zarin Ss — 2026 MLD 824 PESHAWAR-HIGH-COURT

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