2021 PLP 1479 (SCMR)
ILYAS — Petitioner Versus WARIS KHAN and others — Respondents
| Citation | 2021 PLP 1479 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | ILYAS — Petitioner Versus WARIS KHAN and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2021 PLP 1479 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1479 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1479 (SCMR) (ILYAS — Petitioner Versus WARIS KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Qayum Sarwar, Advocate-on-Record/Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(Against the judgment dated 01.10.2014 passed by the Peshawar High Court Mingora Bench (Dar-ul-Qaza) Swat in Crl. Appeals Nos.164-M and 165-M of 2013)
S. 302(b)
Pakistan Arms Ordinance (XX of 1965), S. 13
Constitution of Pakistan, Art. 185(3)
Qatl-i-amd, possession of illegal weapons
Petition for leave to appeal challenging acquittal
Accused-husband alleged to have murdered his wife with the assistance of his co-accused-brother
Contentions on behalf of complainant (deceased's father) that there was no occasion for the High Court to acquit the accused and co-accused in the face of formidable evidence comprising ocular account, furnished by an inmate who saw the deceased being mercilessly done to death inside the safety of complainant's house; that disproportionate reliance by the High Court on alleged flaws in the investigative process having little bearing on the mainstay of the prosecution, being artificial, were incompatible with the settled principles of administration of criminal justice, and that the evidence admitted no hypothesis other than guilt of accused and co-accused
Supreme Court granted leave to consider the said contentions.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Akhtar Begum, 20, was shot dead by Waris Khan, respondent, no other than her better half with the assistance of his brother Karamat Ali to avenge her filing of a suit seeking dissolution of marriage; the incident occurred at 10:30 a.m. on 2.10.2012 inside deceased's parental home, located within the precincts of Police Station Chaprial, District Swat. Autopsy conducted at 4:30 p.m. confirmed receipt of two entry wounds that generated hemorrhagic shock, resulting into immediate. The incident was reported by deceased's father Muhammad Ilyas (PW-1) at 15:30 p.m. wherein he blamed the respondents for the crime on the instigation of one Khanzada. Spot inspection includes seizure of blood and eight casings of 7.62 caliber. The learned trial Judge acquitted Khanzada from the charge, however, proceeded to convict the respondents under clause (b) of section 302 of the Pakistan Penal Code, 1860 and sentenced them to death and imprisonment for life, respectively, vide judgment dated 08.07.2013; Waris Khan was separately tried under section 13 of the Arms Ordinance, 1965 and sentenced to three years rigorous imprisonment vide judgment of even date, both overturned by a Division Bench of the Peshawar High Court, Mingora Bench vide impugned judgment dated 01.10.2014, vires whereof, are being assailed on the ground that there was no occasion for the High Court to let off the respondents in the face of formidable evidence comprising ocular account, furnished by an inmate who saw his daughter being mercilessly done to death inside the safety of his house; it is next argued that disproportionate reliance by the High Court on alleged flaws in the investigative process having little bearing on the mainstay of the prosecution, being artificial, are incompatible with the settled principles of administration of criminal justice. The evidence admitted no hypothesis other than respondents' guilt and, thus, the impugned view being impossible clamours for intervention by this Court, concluded the learned counsel.
2. In the peculiar facts and circumstances of the case, leave is granted to reappraise the entire evidence with a view to secure the ends of justice. Send for the respondents through bailable warrants of arrest 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 through the Station House Officer, within a fortnight. MWA/I-6/SC Leave granted.