PESHAWAR: Peshawar Excessive Courtroom has transformed to demise the sentence of life awarded to a convict by a trial courtroom for killing a younger lady over an engagement dispute.
A bench consisting of Justice Sahibzada Asadullah and Justice Kamran Hayat Miankhel rejected an enchantment filed by the convict, Zahir Abbas, and upheld his conviction by an extra periods choose in Lakki Marwat on July 12, 2023.
The bench dominated that the prosecution had succeeded in bringing house guilt towards the appellant and that the trial courtroom was justified in holding him chargeable for the homicide of the deceased.
The bench additionally accepted a revision petition filed by a brother of the deceased lady, Munir Khan, searching for enhancement of the sentence of life awarded to the convict to that of demise.
Bench guidelines trial courtroom ignored tragic facet of the case
Motive for the offence was that the appellant needed to marry the deceased lady, Salma Bibi, and had demanded her hand from her household. Nonetheless, the household had turned down his proposal as she was already engaged to another person.
The FIR of the prevalence was registered at Lakki police station on grievance of Munir Khan on December 30, 2018, below completely different provisions of Pakistan Penal Code. The complainant said that he alongside together with his sisters Salma Bibi and Nasreen Bibi was current at his house when the appellant armed with a pistol entered and tried to forcibly take his sister away.
He claimed when he and Nasreen Bibi resisted, the appellant aimed his gun at them threatening to kill them. He added that Salma Bibi additionally resisted her abduction to which the appellant obtained aggravated and fired at her leading to her demise.
The trial courtroom had sentenced the appellant to life imprisonment with fee of compensation of Rs400,000 to the authorized heirs of the deceased. He was additionally held responsible for trespassing on the home of the complainant and was sentenced to 6 years rigorous imprisonment on that depend with tremendous of Rs10,000.
The excessive courtroom bench noticed: “It’s evident from document and so confirmed by the witnesses that the appellant was the resident of the identical village and that he was keen on marrying the deceased. It has been introduced on document that the deceased was already engaged to Tariq Zaman, however even then the appellant was urgent for her hand and it was his stubbornness, which persuaded him to kill the deceased.”
The bench noticed that the appellant additionally remained absconder for a very long time until his arrest on November 20, 2019 and he failed to elucidate as to why he didn’t give up to the legislation enforcement businesses quickly after the incident.
In its 25-page detailed judgement authored by Justice Sahibzada Asadullah, the bench noticed: “To be able to do justice with the little soul of the deceased, we deem it crucial to reevaluate the sentencing of the appellant.”
The bench dominated that the trial courtroom as a substitute of awarding the conventional penalty of demise selected to award lesser one by ignoring the tragic facet of the case and by overlooking the brutality of the appellant towards the deceased.
“What a conduct he (appellant) displayed towards a poor little soul. We regardless of efforts couldn’t come throughout the fault of the deceased and her solely fault was to withstand his unholy needs, however for a similar she acquired a nasty value,” the bench noticed.
The bench concluded that the convict deserved the most important penalty of demise as that will be the suitable punishment and that commensurate with the gravity of the offence and would reciprocate what the appellant did.
Printed in Daybreak, Might twentieth, 2024