Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Miscellaneous Application No.837 in Criminal Appeal No.32 of 1987, decided on 18th May, 1987.
---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.
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.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer