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1987 MLD 3232

MUHAMMAD TALIB and another vs THE STATE

Citation1987 MLD 3232
CourtSindh High Court
Case No.Criminal Appeal No,32 of 1987
Date1987-05-18
Judge(s)Allah Dino G. Memon
ResultSentence suspended

ORDER

1. ' The appellant Mst. Hawa has been convicted under section 302, PPC and sentenced to imprisonment for life, and fine of Rs,2,00 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.

2. ' I have heard Mr.Qurban Ali H.Chohan, for the appellant Mst. Hawa and Mr. A.A. Mohammedally for the State.

3. ' 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 absued her iberty at any stage.

4. ' Mr.A.A. Mohammedally learned A.A.-G. Appearing for the State as conceded to the grant of bail to the applicant Mst. Hawa, in new of the above circumstances.

5. ' I have considered the contentions of the learned counsel, and lave 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 base rests on circumstantial evidence, for which it is to be seen whether Mst. Hawa was in any way responsible for giving insecticide of Mst. Zulekhan. Moreover, she is a woman and was on bail during he trial and according to the learned counsel she never abused her Liberty at any stage.

6. ' Under these circumstances I suspend the operation of conviction and sentence of Mst. Hawa, and direct that she shall be released on mil on furnishing surety in the sum of Rs,30,000 and P.R. Bond in he like amount, to the satisfaction of the trial Court.

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