Bibi Amina D/O Akhtar Muhammad And Another vs The State Through Prosecutor General

Balochistan High Court · 2022 · Before Hon'ble Justice Muhammad Aamir Nawaz Rana

Amina and appellant No.2 Janan alias Garan and the Criminal Revision Petition filed by complainant Faizullah for enhancement of sentence from life imprisonment to death penalty. (The Criminal Jail Appeal filed by appellant No.1 Amina was subsequently converted into Criminal Appeal vide order dated 21.12.2021, as appellant Amina hired a private counsel)

2. Faizullah (complainant) reported to police officials of Satellite Town, Quetta on 09/07/2019 that in the wee hours (03:45 AM), he received the information that his nephew Akhter Muhammad, 52 years old, who lives nearby, along with his family, has been murdered and his dead body was shifted to Civil Hospital, Quetta. The complainant went to Civil Hospital where he found the dead body of his nephew dipped in blood and on his right and left cheeks wounds were observed and complainant further says that he came to know that his nephew, who was sleeping in the courtyard of his house in a mosquito net, was killed by shooting. The complainant alleged that the wife of his nephew; Amina (appellant No.1) along with her suitor, has murdered his nephew.

3. That on the report of complainant, FIR No.126/2019 (Exp.P/9-A) was lodged at Police Station Satellite Town, Quetta and investigation commenced: INVESTIGATION: The Investigating Officer carried out the proceedings under section 174 Cr.P .C(Exp.P/9-B) regarding unnatural death, statements of the witnesses under section 161 Cr.P .Cwere recorded, the footage Criminal Appeal No.616/2021 (3) Only for viewing purpose. Contact office for certified copy. of place of incident was recorded through mobile camera (Exp.6-D), one empty was recovered from place of incident and parcel was prepared. Apart from that; pillow, mat and mosquito net were also taken into possession through recovery memo. On 11/07/2019, the appellant No.1 was arrested and on same day her disclosure was recorded (Exp.P/5-A) and on the basis of disclosure, allegedly, on the pointation of appellant No.1, her mobile phone was also recovered through recovery memo (Exp.P/5-B) (allegedly appellant No.1 contacted her suitor through recovered cell phone). On 12/07/2019, Janan alias Garan (appellant No.2) was arrested and his mobile phone, through recovery memo (Exp.P/6-G) was recovered and allegedly his disclosure was recorded on 13/07/2019 (Exp.P/5-C) and on his pointation, TT Pistol along with two bullets was recovered on the same day through recovery memo (Exp.P/5-C). The site plan of the house of deceased (Exp.P/9-C) and the site plan of the house of the appellant No.2 (Exp.P/9-D) were also prepared (from where allegedly pistol was recovered). The pistol and bullets were sent for Forensic Analysis and their report was received back by the Investigating Officer i.e. Exp.P/9-E. The report regarding blood samples was also received i.e. Exp.P/9-G. On completion of the investigation, the report under section 173 Cr.P .Cwas submitted and the trial of the case was committed to the Court of Sessions Judge Sariab, Quetta (trial Court). Criminal Appeal No.616/2021 (4) Only for viewing purpose. Contact office for certified copy. TRIAL: The prosecution, in order to prove its case, produced witnesses.

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