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Official Citation: 2020 SCMR 1462
Court / Jurisdiction: Sindh High Court
Year of Decision: 2025
Decision Date: 2025-06-03
Parties: Mst. Razia vs The State
This judicial decision was delivered by the Sindh High Court on 2025-06-03. The matter involves proceedings between Mst. Razia and The State, officially reported as 2020 SCMR 1462. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
Case cited as 2020 SCMR 1462
Court Name: Sindh High Court Judge(s): Riazat Ali Sahar Title: Mst. Razia vs The State Case No.: Criminal Jail Appeal No.S-275 of 2018 Date of Judgment:2025-06-03 Reported As: 2025 SHC HYD 1690, 2025 SHC HYD 1692, 2025 SHC HYD 1693 Result: Order Accordingly
JUDGMENT
JUDGMENT RIAZAT ALI SAHAR, J. Appellant Mst. Razia has assailed the judgment dated 06.12.2018 rendered by the learned 4th Additional Sessions Judge, Shaheed Benazirabad, in Sessions Case No. 447 of 2016 (The State vs. Mst. Razia & another), arising out of Crime No.55/2016 registered at Police Station B- Section, Nawabshah under Sections 302 and 34 of the Pakistan Penal Code 1860 (PPC). By the impugned judgment, the appellant was convicted under Section 302(b) PPC, read with Section 34 PPC, for the murder of her step-daughter Baby Amna, and sentenced to rigorous imprisonment for life. She was further ordered to pay Rs.100,000/- as compensation to the legal heirs of the deceased under Section 544-A Cr.P.C., or in default, to suffer six months of simple imprisonment. (It may be noted that the co-accused, Agha Riaz Ahmed - the appellant's husband and father of the deceased - was acquitted during trial on the basis of a compromise with the legal heirs of the deceased under Section 345(6) Cr.P.C. The appellant now challenges her conviction and sentence through this jail appeal. 2. Tersely, the prosecution's case as unfolded in the FIR and at trial is that the appellant Mst. Razia is the step-mother of the deceased child, Baby Amna (aged about 10 years). The complainant Agha Zeeshan Ahmed (PW-1) is the real elder brother of the deceased. His mother (the deceased's mother) had passed away about six years prior, after which their father (co-accused Agha Riaz Ahmed) contracted a second marriage with the appellant Mst. Razia. The complainant and his siblings - including the deceased Amna and a younger brother Waleed - initially lived with their father and step-mother in the same house. It is alleged that the appellant and co-accused had a cruel disposition towards the children, frequently mistreating and punishing them without cause.
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Owing to this hostile environment, PW-1 (the eldest son) left to reside with his maternal grandfather in Punjab about a year before the incident, leaving the minor deceased and her brother in the care of their father and step-mother. 3. Two days before the incident, the complainant's cousin, Agha Akbar (PW-3), informed him by phone that the appellant and co-accused were subjecting the minor children (Amna and Waleed) to severe cruelty, and implored him to return home. Consequently, on 01-06-2016, the complainant came back to Nawabshah and stayed at the house of his cousin Agha Akbar, which was adjacent to his father's house. On the fateful evening of 01-06-2016 at about 10:00 PM, the complainant and PW-3 Agha Akbar heard the cries of Baby Amna emanating from the house of the appellant and co-accused. They immediately rushed towards the house, joined by a neighbour, PW-2 Ghulam Kadir (who ran a shop opposite the house of the accused). Upon entering the premises, they witnessed a horrifying scene: both accused were actively beating the little girl. The appellant Mst. Razia was wielding a heavy danda (wooden pestle used for grinding), while co-accused Agha Riaz held a stick wrapped with red tape. Both were shouting in enraged tones that the child had not washed the clothes or done the housework that day, and that "they will not spare her and will kill her". In the course of this assault, Baby Amna, who had already sustained numerous injuries, collapsed to the ground. On seeing the witnesses approach and intervene, both accused fled the house, leaving the brutally injured child behind. 4. The complainant and the other witnesses found Baby Amna lying unconscious and badly hurt. Observing the severity of her injuries, they immediately arranged to transport her to the Peoples Medical College Hospital (PMCH), Nawabshah for emergency treatment. The child was brought to the hospital by about 10:30 PM, but despite medical efforts she succumbed to her injuries shortly thereafter (around 10:30-10:45 PM). One of the eyewitnesses, PW-3 Agha Akbar, promptly informed the police of the incident by telephone at around 11:00 PM. Police officials from P.S. B- Section arrived at the hospital soon after (approximately 11:30 PM) to initiate legal formalities. That night, the police, in presence of two mashirs (witnesses) from the community - Muhammad Kashif and Agha Allah Rakha - conducted an inquest on the body of the deceased (preparing the Mashirnama of dead body) and completed necessary documents like the Danistnama (letter for autopsy). Photographs of the deceased's injuries were also taken at the hospital for the record. The dead body was then handed over to PW-3 Agha Akbar (being a close relative) for last rites, after completion of the post-mortem examination in the early hours of 02-06-2016. 5. The next day, after the burial of the deceased (which took place on 02-06-2016 at about 4:00 PM), the complainant (PW-1) proceeded to the police station at around 8:00 PM to formally lodge the First Information Report (FIR). FIR No. 55/2016 was registered at P.S. B-Section on the complaint of Agha Zeeshan (PW-1) at 20:30 hrs on 02-06-2016, under Sections 302/34 PPC. In his statement (which became the basis of the FIR), the complainant narrated the above facts in detail, accusing his step-mother (appellant Mst. Razia) and his father (Agha Riaz) of mercilessly beating his sister Amna to death over a trivial household issue. After registration of the FIR, the investigation was entrusted to SIP Laiq Muhammad Zardari (PW-6, the Investigating Officer "IO") for further action. 6. During the course of investigation, on 03-06-2016 the complainant produced the last-worn clothes of the deceased (stained with blood) to the IO, which were seized and sealed as evidence in the presence of mashirs Muhammad Kashif and Agha Allah Rakha. The IO also visited the scene of crime (the house where the assault occurred) on the same morning (03-06-2016) on the pointation of the complainant, and prepared a mashirnama of the place of incident, noting observations of the scene, again witnessed by the same two mashirs. Subsequently, on 04-06- 2016, the IO arrested both accused (Mst. Razia and her husband Agha Riaz) near their house, and an arrest memo was prepared accordingly. The investigation further revealed that both accused were willing to recover the weapons used in the crime. On 10-06-2016, the IO interrogated the
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accused in custody, during which they voluntarily disclosed that they had hidden the weapons (the danda and the stick) on the roof of their house. The IO proceeded to recover these items on the same day: as per the recovery memo, the appellant Mst. Razia herself produced the wooden danda from the roof, and co-accused Agha Riaz produced a lathi (stick) wrapped with red tape, from the same location. Both weapons were taken into possession, sealed, and a recovery memo was drawn up in presence of mashirs. (It is noted that one of the mashirs, PW-8 Muhammad Kashif, later testified that a rope was also recovered along with the sticks, though this detail was not emphasized by the IO in his evidence. Regardless, the danda and taped stick were the primary weapons of offence identified by all eyewitnesses.) On 18-06-2016, during the investigation, the IO also produced the two eyewitnesses (PW-2 and PW-3) before a Magistrate for recording their statements under Section 164 Cr.P.C., to ensure their testimony was preserved. After completion of investigation, the police submitted a challan (final report) against both accused for trial. 7. The case was sent up to the Court of Sessions and was registered as Sessions Case No. 447/2016. The learned trial court completed all pre-trial formalities and on 24-01-2018 framed a formal charge against the accused at Ex.2 (with separate heads of charge for each) for the offence of Qatl-i-amd of Baby Amna in furtherance of their common intention (Sections 302/34 PPC). The accused pleaded not guilty and claimed trial, as recorded in their pleas at Ex.2/A and 2/B. 8. In order to prove its case, the prosecution examined nine witnesses in total. A brief overview of the witnesses and the documentary evidence produced is as follows: PW-1 Agha Zeeshan Ahmed (Complainant) - eldest brother of the deceased. He narrated the background of the family, the events leading up to the incident, and gave a firsthand account of witnessing the assault on his sister by the accused on 01-06-2016. He also proved the FIR (Ex.4/A) which he had lodged. In his testimony, he described that "when we entered the house of the accused we saw accused Mst. Razia and Agha Riaz beating baby Amna... Accused Razia had a danda...and accused Agha Riaz a red stick...they said they will commit her murder". He further recounted how the child was rescued and taken to hospital where she expired, and confirmed the subsequent police formalities (seizure of clothes, etc.). In cross-examination, PW-1 firmly denied the defence's suggestions that he or his family bore any grudge against the appellant or that they had fabricated the incident. He refuted insinuations that his sister's injuries were the result of an accidental fall from stairs, insisting that she "was never met with such incident" and had in fact been deliberately tortured by the accused. He also rejected the suggestion that the appellant had no role, or that only his father (co-accused) was responsible - he maintained that both accused jointly beat Amna and caused her death. PW-2 Ghulam Kadir - a neighbour who runs a shop in front of the accused's house. An independent eyewitness, he corroborated the complainant's account in all material particulars. He testified that on hearing the child's cries on 01-06-2016, he, along with PW-1 and PW-3, went to the house and "saw accused Mst. Razia and Agha Riaz are beating baby Amna". He observed the accused using a stick and a grinding pestle (danda) to hit the girl, and heard them threatening to kill her for not doing house chores. PW-2 stated that on the accused fleeing, he helped take the victim to the hospital, where she died during treatment. He also confirmed the investigative steps, such as the recording of his statement under Section 161 Cr.P.C. on 03-06-2016, and later under Section 164 Cr.P.C. on 18-06-2016. In cross-examination, PW-2 admitted knowing the complainant's family for some years and that the relatives of the children were aware of the abuse, though no formal complaint had been made previously. He denied the defence's suggestion that he had not actually witnessed the beating - he maintained it was `incorrect to suggest that I never saw the accused while beating baby Amna." He also refuted a defence theory that PW-3 Agha Akbar (the cousin) himself might have committed the murder and falsely implicated Mst. Razia; PW-2 termed this suggestion false and reiterated that he saw both accused beating the child.
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PW-3 Agha Akbar Khan - a first cousin of the complainant (nephew of co-accused Agha Riaz), who was residing next door to the accused. He too is an eyewitness and largely corroborated the prior testimonies. PW-3 provided family history, confirming that after the death of the first wife (his aunt), the appellant's attitude toward her step-children was cruel, leading to multiple family interventions (even a local mediation or faisla was convened to restrain her, which proved ineffectual). He stated that due to continued cruelty, he finally alerted PW-1 to return home just days before the incident. Describing the incident night, PW-3 testified that at about 10 PM on 01-06- 2016, while he and PW-1 were at his house, they heard Amna's screams. He initially went to his rooftop and saw the accused beating the child in the adjacent courtyard, and then rushed over with PW-1 and PW-2 to intervene. He vividly recounted that `we saw my uncle (Agha Riaz) and my aunt (appellant Mst. Razia) beating Baby Amna. Accused Razia was delivering blows with a danda and accused Riaz with a stick wrapped in red tape, saying she hadn't done the chores and thus would be murdered". PW-3 helped pick up the injured child; with the assistance of the others they took her to the hospital in a rickshaw, but she succumbed to her injuries during treatment. He also identified the appellant in court and confirmed that the recovered weapons (the danda and taped stick) were the same ones used in the offence. In cross-examination, PW-3's credibility was tested at length. He conceded that he had complained against the appellant's mistreatment of the children in the past (even resulting in her brief arrest by the Women's Police Cell), and that he had no documented proof of the earlier faisla or complaints. The defence highlighted that PW-3 was related to the complainant and had cordial terms with the family, suggesting he might be biased; however, he denied any ulterior motive, asserting that his involvement was only to protect the children from abuse. He admitted that other neighbours also came on hearing the commotion, though none were named as witnesses. Importantly, PW-3 was confronted with the suggestion that it was in fact co-accused Agha Riaz alone who killed the child and that the appellant was falsely implicated due to being a step-mother. He rejected this outright, affirming that both accused were simultaneously assaulting the victim and that he has "not deposed falsely at the instance of the complainant.". Minor inconsistencies in his testimony (such as whether he first saw the beating from the roof or upon entering the house, or the exact positions of people) were brought out, but nothing emerged to shake his core account of the appellant's active role in the fatal assault. PW-4 Dr. Sanjida Aftab (WMO) - the Woman Medical Officer who conducted the autopsy of the deceased at PMCH. She testified that she received the body of Baby Amna (aged about 10 years) at 2:00 AM on 02-06-2016, accompanied by the requisite police papers (lash chakas form, etc.). Post-mortem examination was started at 2:30 AM and completed by 4:00 AM. The doctor's external examination revealed a harrowing array of injuries on the child's body: at least 15 distinct wounds were noted, including multiple bruises, swellings, and abrasions on the arms, shoulder, chest, hands, face, right eye, and legs. Notably, there was a confluent bruise 133 cm on the back of the right shoulder, swelling of the left elbow and left hand, contusion in the left lung area, subconjunctival hemorrhage in the eye, bleeding from the right ear, and an old lacerated wound (31 cm) on the left shin, indicating prior injury. On internal examination, there was extravasation of blood in the shoulder and chest tissues, contusion of the left lung, and overall pallor of organs due to blood loss. PW-4 deposed that the cause of death was reserved until histopathology and chemical analysis reports were obtained. Later, after receiving those reports, she issued a final opinion (dated 09-08-2016), concluding that "deceased Amna... appears to have died due to repeated assault on her body resulting in severe anaemia due to acute and chronic blood loss in the tissues." In simpler terms, the child died from the cumulative trauma of being brutally beaten, which caused both immediate and long-term internal bleeding leading to fatal anemia (shock). The doctor proved the post-mortem report (Ex.7/B) and final opinion (Ex.7/E), as well as ancillary reports (Ex.7/C, 7/D). Her evidence went unchallenged on material points - significantly, the
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defence did not dispute the nature or cause of injuries. In cross-exam, PW-4 only clarified minor details (e.g. that the body was cold on arrival, and how long the external exam took). There was no suggestion that the injuries could have been accidental; rather, her testimony decisively characterized them as resulting from assault and torture. PW-5 ASI Mian Bux - a police officer who was the Duty Officer at P.S B-Section on the night of 01- 06-2016. He was the first police responder to the incident. He stated that at about 11:30 PM on 01-06- 2016, he received information from PW-3 Agha Akbar about a child's murder and her body being at the hospital. He immediately proceeded to PMCH, where he observed the deceased's body and prepared the Mashirnama of her dead body and the injury report (inquest) in the presence of two mashirs, Muhammad Kashif and Agha Allah Rakha. He identified the mashirnama (Ex.8/A) and Danistnama (death report form, Ex.8/B) bearing his signature. He also recognized the lash chakas form (Ex.7/A) which he had signed while sending the body for autopsy. PW-5 further testified that he took photographs of the deceased (marked as Article P-1 to P-4) to document the injuries. After the post-mortem, the body was handed over to PW-3 Agha Akbar for burial. PW-5 then deposed that on 02-06-2016 at about 8:00 PM, the complainant (PW-1) came to the police station and reported the facts of the cognizable offence (the incident) to him. He thus formally registered the FIR (Crime No.55/2016) under Sections 302/34 PPC, recording the statement of the complainant verbatim. He affirmed that the FIR (Ex.4/A) was the same and bore his signature as the registering officer. After lodging the FIR, further investigation was assigned to SIP Laiq Muhammad (PW-6). In cross-examination, PW-5 described the promptness of his actions: he left the station as soon as he got the call, reaching the hospital in 15 minutes, where the complainant's party was already present. He explained that he wrote the inquest report on a clipboard at the hospital, finishing the proceedings (including the Danistnama) by about 11:45 PM. The defence suggested to him that perhaps these documents were actually prepared later at the police station (implying manipulation), which he denied, maintaining that all paperwork was done on the spot in the hospital in the mashirs' presence. His evidence established that the incident was brought to official notice within an hour or two and that the formal FIR, though registered the next evening, was essentially a continuation of the same narrative already in motion through the inquest. PW-6 SIP Laiq Muhammad Zardari (Investigating Officer) - he took over the investigation after FIR registration. He recounted in detail the steps he took (many of which have been summarized in paragraph 6 above). He confirmed the seizure of the deceased's bloodstained clothes on 03-06- 2016, preparing a memo (Ex.9/A) signed by mashirs. He described visiting the crime scene (the house) the same day and preparing the site inspection memo (Ex.9/B) with a rough sketch, noting that the house had an iron gate, a room and courtyard where the incident took place, etc.. He testified to the arrest of both accused on 04.06.2016, through a memo (Ex.9/C). The IO's most significant testimony was about the recovery of the weapons. He stated that on 10.06.2016, during interrogation, "accused voluntarily prepared to produce the danda and lathi used in the offence", so he took them in custody to the house. At the roof, "accused Mst. Razia produced the Danda, and accused Agha Riaz produced one lathi wrapped with red tape", which were seized and sealed, and a recovery memo was made (Ex.9/D). PW-6 also corroborated that the eyewitnesses' statements under 164 Cr.P.C. were recorded on 18.06.2016 before a Magistrate. He identified the case property in court - the last-worn clothes of the deceased, the danda and the lathi - as the same ones recovered during investigation. The appellant present in court was identified as the same accused he had arrested and interrogated. In cross-examination, the defence mainly probed possible investigative lapses or bias. PW-6 admitted that the private mashirs (Kashif and Allah Rakha) for the various memos were close relatives of the complainant. (Indeed, PW-8 Kashif later turned out to be a cousin of PW-1, confirming this relationship.) He also could not recall certain measurements
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or whether he prepared a formal sketch of the weapons. The defence highlighted that the recovery memo did not explicitly mention the red tape on the stick (an omission), and suggested that the recovery was foisted (planted) on the accused, which PW-6 firmly denied. He also conceded that no forensic examination (like fingerprint analysis) was conducted on the recovered items. However, despite these minor flaws, PW-6 maintained that the evidence collected was genuine and the witnesses volunteered their statements without coercion. The core of his testimony regarding recovery and the sequence of investigation remained unshaken. PW-7 Mehar Ali - a Tapedar (revenue official/draftsman). He prepared a scaled site sketch of the crime scene (the house of occurrence). He produced the site plan (Ex.10/A) in evidence. (His role was formal and technical; since no controversy was raised about the location or layout of the scene, his cross-examination was nil or not material. The site plan essentially corroborated the location of various rooms, the courtyard, and where the victim was found, consistent with the eyewitness descriptions.) PW-8 Muhammad Kashif - one of the private mashirs who witnessed the post-mortem inquest, site inspection, arrests, and recovery. He is also a cousin of the complainant's family. In his examination-in-chief, PW-8 confirmed that on receiving news of the incident on 01-06-2016 around 11:30 PM, he went to the hospital, where he saw the child's dead body with multiple visible injuries on her elbows, hands and feet. He stated that ASI Mian Bux prepared the dead body mashirnama in his presence and that he (PW-8) along with Agha Allah Rakha signed it as witnesses. He likewise attested that the Danistnama (death report) was prepared and signed by them. PW-8 further corroborated that on 03- 06-2016, he was present when PW-1 handed over Baby Amna's bloodied clothes to the IO, which were a white and pink shirt and a light-pink shalwar; the IO seized these and he (PW-8) and the other mashir signed the memo. He accompanied the IO to the place of incident that morning and described the house layout (iron gate, a room with a corridor, another room with a kitchen near the stairs, etc.) - noting that PW-3 Agha Akbar's house was on the southern side and PW-2 Ghulam Kadir's shop on the eastern side of the accused's house. The IO prepared the site mashirnama which PW-8 signed. PW-8 also witnessed the arrest of both accused on 04-06-2016 at 4:00 PM - he testified that the police called him, and he accompanied them to the pointed place where both Agha Riaz and Mst. Razia were arrested; their personal search yielded nothing incriminating, and a memo was signed by him and the other mashir. Regarding the recovery on 10-06-2016, PW-8 stated that the accused led the police to their house where "accused produced one danda, one stick and a rope" which the police took into possession, sealed, and he and the co-mashir signed the recovery memo. He identified all the mashirnamas (Ex.8/A, 8/B, 9/A, 9/B, 9/C, 9/D) during his testimony, confirming each bore his signature. He also identified the physical case property exhibited in court: the clothes (Article P-1), the lathi (Article P- 2), and even a rope (Article P-3) - all as the same items recovered in his presence. PW-8's cross- examination revealed his relationship to the complainant (cousin) and that his house was situated just behind the accused's house. The defence implied that being a relative, he was an "interested" witness, which he denied having any motive to falsely implicate. He admitted that all the proceedings (inquest, site, recovery etc.) were carried out in his presence as a mashir. Minor questions were asked about the scene (e.g., number of steps in the stairs - which he could not recall) and the duration the police stayed at the site. He confirmed that the stick recovered did indeed have red tape on it, and that no fingerprints were lifted from the recovered items in his presence. PW-8 refuted the defence's suggestion that he was testifying falsely due to being the complainant's cousin; he maintained that the accused Razia was rightly implicated and that co- accused Riaz was not solely responsible. PW-9 Mr. Roshan Ali (Judicial Magistrate) - the Judicial Magistrate who recorded the statements under Section 164 Cr.P.C. of the two private eyewitnesses during investigation. He
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deposed that on 18-06-2016, being then posted as JM, he recorded the 164 statements of PW-2 Ghulam Kadir and PW3 Agha Akbar, who were produced before him by the IO in Crime No.55/2016 (u/s 302/34 PPC). He confirmed that both witnesses, in their 164 statements, stated substantially the same facts: that on hearing the cries of Baby Amna, they rushed to the house…
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