Shakir Ullah vs State Ss — 2026 PCrLJ 239 PESHAWAR-HIGH-COURT

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Shakir Ullah VS State Ss. 302(b) & 338-a---Qatl-i-amd, isqat-i-haml---appreciation of evidence---Victim/wife dying in the house of accused/husband---accused was charged for committing murder of his wife/daughter of the complainant by strangulating her neck---Record showed that the report was formally lodged at 8:00 a.m., while the post-mortem examination of the deceased was carried out at 8:30 a.m.---Timeline provided by the complainant aligned well with the details outlined in the FIR---Several inquiries were made during his cross-examination regarding any prior illnesses the deceased might have had---However, complainant did not provide any information that would support the appellant's case---Notably, complainant firmly denied the assertion that the deceased suffered from epilepsy---Father of the appellant, corroborated the complainant's account relating to the information and his subsequent arrival at the deceased's home along with family members---In his examination in chief, father of appellant stated that after performing Fajr prayer, the appellant informed him about something having happened to his wife, leading him to enter the deceased's room---During cross-examination, said witness confirmed that both the appellant and the deceased were in the same room on the night of the incident---Said witness was later declared hostile due to his attempts to obscure the true nature of events---Reluctance of said witness to testify against his son was evident, as he was brought to Court under a warrant---although, upon questioning, said witness initially denied having prepared site plan with the Investigating Officer, he subsequently acknowledged the details of the site plan during prosecution cross-examination, confirming his locations, the appellant, the deceased, his wife, and another daughter-in-law in the house at the night of the incident---When questioned about any attempts made to save the deceased, said witness claimed that they did not take her to the hospital because she was suffering from "shocks" which he described as an incurable disease---Despite the said witness's efforts to manipulate the narrative, several elements of his testimony amply supported the prosecution's case---appeal against conviction was dismissed, accordingly.

Shakir Ullah vs State Ss — 2026 PCrLJ 239 PESHAWAR-HIGH-COURT

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