PESHAWAR: Peshawar High Court has convicted a man and sentenced him to death for killing his grandmother and a paternal aunt.
A bench consisting of Justice Wiqar Ahmad and Justice Mian Abdul Fayyaz accepted an appeal of the provincial government and set aside acquittal of the accused, Tanveer, by a trial court in Mardan district over 11 years ago.
The bench convicted and sentenced the accused to death on two counts and also ordered him to pay compensation to the tune of Rs1 million to legal heirs of the deceased women. The bench also convicted him for house trespassing and sentenced him to 10 years rigorous imprisonment with fine of Rs100,000.
The bench pronounced a short order, whereas detailed judgement will be released later. Soon after the judgement was pronounced, the convict was taken into custody from the courtroom.
State’s appeal accepted after 11 years of his acquittal
The FIR of the occurrence was registered on July 14, 2012, in Mardan under different provisions of Pakistan Penal Code. He was acquitted by an additional sessions judge on Dec 10, 2013.
The additional advocate general, Syed Sikander Shah, appeared for the state and argued that the evidence on record connected the accused with the commission of the offence and the trial court had erred in acquitting him.
He argued that the motive for the commission of the offence was fully proved by the prosecution. He stated that the accused was having relations with wife of his paternal uncle, who was abroad. He added that the deceased aunt of the accused had seen the two of them together after which she had asked him not to visit their residence again.
He argued that the accused decided to kill his grandmother and aunt so as to keep his relations a secret. He contended that the accused had entered their residence and killed the deceased women in a brutal manner by hitting them with an iron rod and a pipe.
The AAG said that soon after his arrest, the very next day he had recorded his confessional statement, wherein he had narrated the whole story behind the double murder. He said that the iron rod and pipe used in the offence were also recovered by police on his pinpointing. Similarly, he added, police had also recovered the clothes he was wearing during the occurrence.
He argued that the said confession was voluntary and was recorded by the magistrate after fulfilling all the legal requirements. He stated that the woman, with whom he had relations, was also charged in the case but was acquitted as she was pardoned by legal heirs of the deceased women.
The counsel of the accused argued that the said confession was under duress and coercion as he was tortured in custody. He argued that there was no eyewitness to the occurrence and the accused was falsely implicated in the case.
He stated that the trial court had acquitted him and had declared the evidence on record not enough for his conviction. He contended that the medical examination of the accused was also not conducted before recording his confession.
Published in Dawn, April 6th, 2025