State through A.G. Khyber Pakhtunkhwa, Peshawar vs Hakim Zada and others
This matter arises from a criminal petition for leave to appeal filed by the State against the acquittal of the respondent by the Peshawar High Court for the Qatl-i-amd of his wife. The respondent had initially reported the death as suicide, but subsequent police investigation led to his trial and conviction for life imprisonment by the trial court. The High Court, however, set aside the conviction and acquitted the respondent, holding the death to be suicidal. The core legal question is whether the High Court failed to properly appreciate medical and circumstantial evidence, particularly the autopsy report indicating manual constriction of the neck by a ligature which ruled out suicide, in a case where the accused and the victim were residing under the same roof. The Supreme Court granted leave to appeal to examine whether the acquittal warrants interference to secure the ends of justice, noting that the medical evidence escaped proper notice by the High Court.
- Whether the High Court erred in appreciating the medical evidence regarding the cause of death?
- Does an autopsy report showing ligature marks around the neck sufficiently rule out suicide to warrant leave to appeal against acquittal?
- What is the extent of the obligation of an accused person to explain homicidal death occurring under the same roof?
ORDER
1. 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.