WAHID ULLAH vs State Ss — 2026 PLD 150 PESHAWAR-HIGH-COURT

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WAHID ULLAH VS State Ss. 302(b), 338 & 338-a---Qatl-i-amd, causing isqat-i-haml---appreciation of evidence---accused was charged for committing murder of his wife/daughter of complainant by inflicting multiple injuries on different parts of her body with scissors, while she was pregnant for more than 08 weeks---Record showed that the deceased was pregnant at the time of her murder and in that regard, the prosecution had obtained the opinion of Radiologist, wherein it was opined by Medical Officer through ultrasound that the deceased was pregnant with a fetus of about 08 weeks and 02 days at the time of her death but the prosecution had not imposed the relevant Section of law for causing isqat-e-haml along with the murder of the deceased---However, the charge was framed under S.302, P.P.C, and thus, from the very inception of the trial, both the prosecution and the Trial Court had committed an illegality by not framing the charge for causing isqat-i-haml of the deceased lady---although an unborn child of 08 weeks' gestation was medically not regarded as a separate person and its loss/miscarriage did not constitute an offence under S.302, P.P.C, being referred to as a fetus or embryo, however, it had explicitly been given protection under S.338-a, P.P.C---Said provision of law criminalized the act of isqat-i-hamal (miscarriage) making any harm or death caused to the unborn child irrespective of the survival of the mother, so it was a distinct and independent offence and hence, it could not be merged with the charge of murder under S. 302, P.P.C---Thus, appeal was allowed by setting aside the impugned judgment and the case was remanded to the Trial Court for a de novo trial after framing proper charges against the appellant/accused under Ss. 302 & 338-a, P.P.C., for the murder of deceased and causing isqat-i- haml.

WAHID ULLAH vs State Ss — 2026 PLD 150 PESHAWAR-HIGH-COURT

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