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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: State through A.G. Khyber Pakhtunkhwa, Peshawar VS Respondent: Hakim Zada and others
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Mazhar Alam Khan Miankhel Title:State through A.G. Khyber Pakhtunkhwa, Peshawar vs Hakim Zada and
others Case No.: Criminal Petition No. 6-P of 2015 Date of Judgment:2021-07-08 Reported As: 2021 SCMR 1485, 2022 PSC (Crl.) 712 Result: Leave granted Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Respondent was tried by a learned Additional Sessions Judge at Matta, Swat for committing Qatl-i-amd of Mst. Rekhma, no other than his better half; he himself reported the incident to the police on 28.6.2012, alleging suicide , turned out as homicide during investigation; upon indictment, he was sentenced to imprisonment for life vide judgment dated 13.12.2012, however , a Division Bench of Peshawar High Court, Mingora Bench considering the death as suicidal acquitted him from the charge vide impugned judgment dated 10.12.2014, vires whereof, are being assailed, primarily , on the ground that autopsy report conclusively ruled out possibility of suicide as the medical officer noted a complete scar, without obliquity , around the neck, unambiguously suggesting manual constriction of the neck with a ligature, a circumstance that escaped A notice by the High Court and, thus, clamours for explanation from the respondent with whom she spent her last moments under the same roof. Leave is granted to consider , inter alia, the above contention with a view to secure the ends of justice. Send for the respondents through bailable warrant in the sum of Rs.200,000/- with one surety in the like amount, returnable to the Assistant Registrar of this Court at Peshawar , to be executed by the Station House Officer, within a fortnight.