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---Recovery of dupatta on the disclosure of accused---Reliance---accused was charged for committing murder of his wife/daughter of the complainant by strangulating her neck---Record indicated that during the spot investigation, the appellant retrieved a dupatta from beneath the mattress on his bed and presented it to the Investigating Officer---appellant claimed that he had used that dupatta to strangle the deceased---Said act of handing over the dupatta was documented in the recovery memo---Notably, that revelation was made by the appellant for the first time during the identification process---Complainant stated that during his initial examination of the deceased, there was neither a dupatta nor any rope found around her neck---Said fact suggested that the appellant had concealed the dupatta beneath the foam mattress, an indication of his awareness of the evidence's significance and his attempt to hide it---Furthermore, Constable/recovery witness corroborated the recovery of the dupatta and his testimony, during cross-examination, remained intact and unchallenged, lending credibility to the prosecution's case---Prosecution effectively demonstrated that the information provided by the appellant directly led to the discovery of the crucial evidence; that he had strangled his wife using her dupatta---Importantly, that detail was not known to the police from any other source prior to that confession, making the appellant's statement pivotal---Therefore, the recovery of the dupatta, identified as the instrument used for strangulation, could be considered as legitimate evidence under art.40 of the Qanun-e-Shahdat---In this case, the appellant's own disclosure significantly contributed to the establishment of his guilt---Overall, the evidence supported the claim that the appellant had a direct role in the murder of his wife, and the recovered dupatta served as compelling physical evidence of that act---appeal against conviction was dismissed, accordingly.

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

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