1987 PLP 3232 (MLD)
MUHAMMAD TALIB and another — Applicants Versus THE STATE — Respondent
| Citation | 1987 PLP 3232 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Allahdino G. Memon, J |
| Parties | MUHAMMAD TALIB and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 3232 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 3232 (MLD)?
The case was heard and decided by the Karachi bench comprising: Allahdino G. Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3232 (MLD) (MUHAMMAD TALIB and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qurban Ali H.Chohan for Appellants.
Headnotes / Summary
S.426--Penal Code (XLV of 1860), S.302--Suspension of sentence- No direct evidence connecting lady accused, wife of main accused, with crime--Entire case resting on circumstantial evidence--Accused, a woman, remaining on bail during trial but not abusing her liberty- Operation of sentence suspended in circumstances. A . A . Mohammedally, A . A . -G . for the State.
Judgment & Decree
Qurban Ali H.Chohan for Appellants. A . A . Mohammedally, A . A . -G . for the State. The appellant Mst. Hawa has been convicted under section 302, PPC and sentenced to imprisonment for life, and fine of Rs.2,000 and in default of payment of fine to suffer two years more, she and co-appellant have also been directed to pay compensation of Rs.2,000 each, and in default to suffer further R.I for two years. I have heard Mr.Qurban Ali H.Chohan, for the appellant Mst. Hawa and Mr. A.A. Mohammedally for the State. It has been contended by Mr. Qurban Ali H.Chohan learned counsel for the appellant Mst. Hawa that there is no direct evidence to connect Mst. Hawa with the alleged murder of Mst. Zulekhan unfortunately allegation against her is that she was wife of Mohammad Talib main accused and the entire judgment is based on conjectures and surmises. There is no evidence worth the name to connect Mst. Hawa with the murder of Mst. Zulekhan. Moreover, she is a woman and was on bail throughout the trial, and she never abused her liberty at any stage. Mr. A.A. Mohammedally learned A.A. -G. appearing for the State has conceded to the grant of bail to the applicant Mst. Hawa, in view of the above circumstances. I have considered the contentions of the learned counsel, and have also gone through the evidence and the judgment of the trial Court. Admittedly there is no direct evidence to connect appellant Mst. Hawa with the alleged murder of Mst. Zulekhan, and the entire case rests on circumstantial evidence, for which it is to be seen whether Mst. Hawa was in any way responsible for giving insecticide to Mst. Zulekhan. Moreover, she is a woman and was on bail during the trial and according to the learned counsel she never abused her liberty at any stage. Under these circumstances I suspend the operation of conviction and sentence of Mst. Hawa, and direct that she shall be released on bail on furnishing surety in the sum of Rs.30,000 and P.R. Bond in the like amount, to the satisfaction of the trial Court. S.A./M-246/K Sentence suspended.