Preliminary discussion
The case on which this report is being presented is a case of criminal nature, and a very
brief account of the facts is that on 12-05-2018 in the jurisdiction of Police Station Thana
Agha Mir Jani, Peshawar a women named Mst. Sana Bibi reportedly commits a suicide
outside her house (according to her husband when he was sleeping inside the house) upon
which she was rushed to the hospital where she was declared dead by the MO.
Consequent to the speculations the police starts it’s investigation after an FIR under
section 302 PPC is lodged against the husband of Mst. Sana Bibi. The initial investigation
reveals that it is not a suicide rather a willful murder. Upon this Mr. Bilal s/o Adil is
taken into custody by the police and a challan was submitted against him and the accused
was prodiced u/s 265-C CRPC and the charge was framed, and how the further case goes
on is explained in detail in this report.
1. Initiation of the FIR
The FIR no. 420 was lodged in this case by Mst. Shahida Bibi (resident of Hassan Abad
Peshawar) on 21-05-18 (3:23 A.M) at Police Station Thana Agha Mir Jani, Peshawar, and the
sections invoked by the complainant were 302 PPC, 338 CRPC respectively. The summary of
the FIR as stated by the SHO is restated hereinafter.
In reference to 22 Roznamcha 21-05-18, investigation 174 was initiated and in pursuance
of the circumstances known during the investigation the incident is prima facie an
incident of suicide. Relying on the statement of the complainant u/s 164 and the post
mortem report, this FIR no 420 is being lodged. The copy of the report is attached
respectively. The complainant stated that her daughter namely Mst. Sana Bibi was
married to Bilal s/o Adil (accused facing trial) about 7-8 years ago. On 21-05-2018 she
received information about the death of her said daughter. When she went to her
daughter’s house, she was informed by the female inmate that she has been shifted to the
hospital by Mr. Bilal Adil (her husband) and his father namely Muhammad Adil and
Muhammad Khan. The complainant is sure and duly satisfied that the Bilal has willfully
murdered her daughter. The complainant claims that she has gathered enough reports
from near the crime scene to ascertain without a doubt that the husband of her daughter,
Mr. Bilal s/o Adil is the murderer of her daughter. The names of accomplices being
unknown, the complainant has relied on various witness accounts of the murder.
2. Framing of charges
Charges are to be framed under section 364 of the CRPC before an accusation is formally put
forward. In the present case the charges are framed by the learned Additional District and
Session Judge and Mr. Bilal is formally accused in the following manner.
The ADSJ Altaf Khan formally charged Mr. Bilal accused after giving reasons and framing of
charges and the same is restated hereinafter.
I Altaf Khan, Additional Sessions Judge/MCTC Peshawar do hereby charge you accused:
Muhammad Bilal son of Adil aged about 27 years, resident of Hassan abad 659, gali 38, near
post office, Peshawar presently confined in Central Prison Peshawar are as follows:
Firstly:
That on 21.05.2018 at 13:00 hours situated at your house situated at of Hassan abad 659, gali 38,
near post office, Peshawar within the criminal jurisdiction of police station Mir Jani Shah, you
accused committed the Qatl-e-Amd of your wife Mst. Sana and you thus committed an offence
punishable under section 302 PPC and within the cognizance of this court.
Secondly:
That, as the deceased victim Mst. Sana was pregnant with a baby boy of 07 months in the womb,
and while committing the Qatl-e-Amd of your wife Mst. Sana you also caused Isqat-i-Janin, and
thus you thereby committed an offence punishable under section 338-C PPC and within my
cognizance.
Q. Have you heard and understood the charge?
A. Yes.
Q. Do you want to plead guilty or claim trial?
A. I, do not plead guilty and claim trial.
Bilal s/o Adil (Accused)
3. Arrest and indictment
Below is the account of the arrest of the accused Bilal Adil given by the SI of the Police
Station AMJS Peshawar
Stated that during the days of occurrence I was posted as SI at Police Station Agha Mir Jani
Shah, Peshawar. After arrest of accused Bilal by Shehzad Khan ASI, investigation was handed
over to me. I vide application Ex.PW7/1 produced the accused Bilal before the court of JMIC,
Peshawar for police custody, the application was accepted and three days custody was granted. I
interrogated the accused, during which the accused led the police party to the place of occurrence
and correctly pointed out the spot to me in presence of marginal witnesses and, in this respect I
made entry in the site plan with red ink. I also recorded the statement of accused u/s 161 CRPC.
After expiry of police custody I again produced the accused before the court of Judicial
magistrate, Peshawar for recording his confessional statement u/s 164/364 CRPC, however, the
accused refuse to confess his guilt and was sent to judicial lockup. I also recorded statements of
the PWs u/s 161 CRPC. After completion of investigation 1 handed over the case file to the SHO
for submission of supplementary challan against the accused.
Below is the account of the arrest of the accused Bilal Adil given by the ASI of the Police
Station AMJS Peshawar
Stated that during the days of occurrence, I was posted as ASI at Police Station Agha Mir Jani
Shah, Peshawar. On 12/09/2018, I arrested the accused Bilal in the instant case and issued his
card of arrest and in this respect DD No. 6 dated 12/09/208 was also lodged and is available on
file as Ex.PW8/2. During search of the accused I also recovered a 30 bore pistol along with spare
magazine and 10 live rounds of same, in this respect a separate FIR u/s 15 A.A was also
registered against the accused Bilal, (not related to the case as weapon of offence). The 10 has
also recorded my statement u/s 161 CRPC. Today, I have seen Ex PW8/1 which is correct and
correctly bears my signature.
4. Investigation and prosecution
The prosecution in its investigation relied on the post mortem report which clearly indicated that
the case was not related not to any kind of suicide rather it was a homicide. The postmortem
report clearly mentioned that without any exaggeration the deceased died due to firearm injury to
the brain and other corresponding blood vessels. Moreover, it is also a matter of record that the
Medical Officer could not spot any charring marks on her body coupled with the fact that in view
of the locale of injuries on the body of deceased the factum of suicide could not tentatively be
established. The positive Forensic Science Lab reports also gave support in favor of the
prosecution in respect of guilt of the accused. In addition to the documentary evidences, the
police has relied on various accounts of the incident, that are the witnesses of the incident. These
witnesses are later summoned by the court to be presented before the bar and to state their
accounts. The investigation of the police as it rests on various factors, is concluded on the fact
that the accused Bilal s/o Adil is the real offender and has willfully murdered her wife Mst. Sana
Bibi.
The post mortem account is in detail given by the PW-04 Dr. Anila, while Forensic Science Lab
report is illustrated below.
The Forensic Science Lab submitted the following report
Microscopic examination of the case has revealed that the 30 bore crime empty marked C
was fired from 30 bore pistol no. Nil, in question, in view of the following major points
i.e. striker pin marks, breach face marks and ejector marks etc. are similar and the pistol
is local made
P.No1 Blood stained cotton
P. No2 One blood stained red colored printed shirt
One blood stained red colored printed shalwar
One blood stained red colored printed dupatta
The examination revealed that the stains on the articles found is human blood
5. Evidence – examination & cross-examination
The prosecution in order to corroborate their findings produced in total five witnesses (5 PWs).
The statements given by the witnesses is restated hereinafter, and the cross examination that was
made by the defense is also given along with.
PW-01
Statement of Wajid Ali SHO Police Station AGHA MIR JANI SHAH PESHAWAR.
Stated that after completion of investigation, the case file was handed over to me for submission
of challan, I had submitted challan u/s 512 Cr.PC against accused Bilal, the challan form is
Ex.PW1/1. Similarly, after the arrest of accused Muhammad Bilal I have submitted
supplementary challans against the accused which is Ex.PW1/2. Today I have seen both the
challan forms which correctly bear my signatures.
No cross examination made
PW-02
Statement of Jahangir constable Police Station AMJS, Peshawar
I constable escorted the dead body of deceased Sana from LRH Peshawar to the KMC Peshawar.
During my escort nobody interfered with the dead body of the deceased. After PM examination,
bloodstained garments of the deceased were handed over to me which I brought back the same to
the PS and handed over to the 1.0. In this respect the 1.O recorded my statements u/s 161 Cr.PC.
No cross made
PW-03
Statement of Aamir Ahmad DFC police station AMJS Peshawar
The warrant u/s 204 Cr.PC was issued by the court against accused Bilal (accused facing trial)
which was handed over to me for execution. I visited the place of resident of accused but he was
not present there and was fugitive of law. In this respect I returned the warrant alongwith my
report over leaf the same, which are Ex.PW3/1 & Ex.PW3/2. Similarly, notice u/s 87 Cr.PC was
issued against the accused Bilal and I visited the house of the accused and placed on copy on the
outer door of the house of accused, placed second copy on the notice board while returned the
third copy alongwith my report which is Ex.PW3/3 & Ex.PW3/4 respectively. In this respect the
I.O recorded my statements u/s 161 Cr.PC.
No Cross examination made
PW-04
Statement of Dr. Anila Deen, MI ROOM ASF, PESHAWAR
During the days of occurrence I was posted as Medical Officer at KMC, Peshawar. On
21.05.2018 at 04:30 PM I conducted autopsy on the dead body of Mst. Sana wife of Muhammad
Bilal aged about 18 years and the dead body was brought by Constable Jehangir Khan No.5916
and identified by Muhammad Bilal s/o Muhammad Adil and Muhammad Idrees s/o Fazal Hadi
and found the followings.
External Examination
A leanly built women wearing red printed color qamees and plain red color shalwar black color
brazier, all bloodstained. RM &PM lividity developing.
INJURIES
1. FA entry wound on right side back of skull, 2x1 cm in size, 2 cm from midline and 7 cm from
back of right ear.
2. FA exit wound on right side back of skull 3x1 cm in size, 1 cm from midline and 8 cm above
base of neck.
CRANIUM AND SPINAL CORD
Scalp, Skull and Membranes were injured.
ABDOMEN
Organs of generation... external and internal..... Baby boy, weight 0.8 KG, length 14 inches, head
circumference 9-1/2 inches almost 7 month.
OPINION
In my opinion the deceased died due to injuries to the brain and corresponding blood vessels due
to firearm.
Probable time between injury& death Immediate
Probable time between death &PM 03:30 to 08 hours
Today I have seen the postmortem report is Ex.PM (consist of 6 sheets alongwith pictorial),
Dead body alongwith documents clothes & PM report handed over to police. I also endorsed the
inquest report & injury sheet of the deceased.
Cross examination
I was appointed in 2016. I do not count the number of post mortem. I cannot say the exact
number of post mortems regarding suicide. I cannot say the number of post mortem reports of
firearm injuries. It is correct that there is possibility of self-inflicted head injury. It is incorrect to
suggest that neither I have conducted the post mortem nor 1 have conducted detail internal
examination of the deceased rather it was conducted by my subordinate staff (entire suggestion is
incorrect)
PW-05
Statement of Mst. Shahida Bibi, mother of Mst. Sana Bibi
Stated that my daughter namely Mst. Sana Bibi was married to Bilal (accused facing trial) about
7-8 years ago. The attitude of her husband (accused facing trial) was harsh and cruel towards her
and he used to beat ber. On 21.5.2018 I received information about the death of my said daughter
when I went to her house, I was informed by the female inmates that she has been shifted to the
hospital by the accused facing trial and his father namely Muhammad Adil s/o Muhammad
Khan. The said Muhammad Adil has wrongly reported the matter to the police in the hospital
that Mst. Sara has committed suicide in order to save the skin of his son (accused facing trial). I
am sure and duly satisfied that the Accused facing trial murdered my daughter. The 1.0 recorded
my statement u's 161 Cr.PC and I also recorded my statement before the Magistrate u/s 164
Cr.PC on 30/05/2018 in which I charged the Accused facing trial for the murder of my daughter.
I charge the Accused for the commission of the offence.
Cross-Examination
My age would be 50 years. I am illiterate. I do not remember that when my marriage was
solemnized and from the said wedlock I have 10 children. The deceased was the second last of
my children. It is correct that I had not mentioned in my statement recorded by the 1.0 u/s 161
Cr.PC regarding any kind of satisfaction for involvement of accused in the said one of my family
members before charging the accused. I have charged the accused upon my own satisfaction and
observation. I went to the house of deceased and accused alone. It is correct that I am not the
eyewitness of the occurrence. My husband has already been died some 14 years ago. I have 07
daughters in which one daughter and one son are unmarried while remaining children have been
married. In my 161 statement, I have shown the method of the murder of my daughter as fire-
shot (confronted, omitted). The Accused facing trial enticed the deceased Mst. Sana for the
purpose of marriage and they married against my wishes. Theirs was love marriage. Bilal
physically tortured the deceased in my presence several times; however, I have not reported such
incidents to the local police. The deceased never visited my house when Bilal used to torture her
for the reason that she had eloped from my house. It is correct that except me, no other person
has recorded a statement in order to support my case as eye-witness. I was not in the habit of
visiting the deceased. It is incorrect to suggest that my allegation of torture by the Accused is
baseless as I never visited the deceased. It is correct that the father of the Accused lodged an FIR
against my son namely Yousaf in 2015 whose trial is still pending. The witness volunteered that
the said FIR is baseless. It is correct that Yousaf is present in the Court. It is correct that an FIR
stands registered at District Sarghoda against my son Yousaf. It is incorrect to suggest that 1
have haselessly charged the Accused facing trial in order to cross the criminal case registered
against my son. The time of the occurrence is not mentioned in my statement u/s 161. It is
incorrect to suggest that I developed hatred towards the Accused as he enticed my daughter,
thereby insulting my family. It is incorrect to suggest that I have charged the Accused baselessly
in order to avenge the disgrace of my family. It is incorrect to suggest that the Accused has been
charged after due deliberation and consultation. It is incorrect to suggest that the relatives of the
deceased tried to murder the Accused and the deceased but in vain. It is incorrect to suggest that
no direct and circumstantial evidence is available against the Accused.
6. Sentence / Acquittal
The accused Bilal s/o Adil was presented in the Honorable Court of ADSJ and the judgment was
given relying on the statements of the witnesses and the reports submitted by the prosecution in
the court room. It was held in the judgment that Bilal Adil was present present in the house with
her wife when he committed murder of her wife Mst Sana bibi. The fact that the occurrence took
place inside the house is concerned, no doubt when occurrence took place inside the house the
accused have to explained about the occurrence otherwise, adverse inference would be drown but
here in the instant case the accused father lodged report wherein he categorically stated that
she/deceased made suicide and such plea of the accused party is not totally contradicted by the
medical or circumstantial evidence but the medical evidence to some extent corroborate the
contention of the accused party. That even prosecution in such like case did not absolve from the
liability of proving its case mere on the grounds that the occurrence took place inside the house.
The fact that were many other inmates present there inside the house at the time of murder puts a
reasonable doubt on the case of the prosecution, further more there can never be presumptions
made while sentencing in a murder trial, therefore the accused was acquitted from the charges
levelled against him in the FIR 420 om 21-05-2018.
7. Conclusion
In conclusion, the prosecution failed in their efforts to prove the accused as the offender and the
court acquitted the accused. It is evident that the statement s given by the family members of
Mst. Sana Bibi had animosity towards the accused hence hold no value. The statements of other
PWs were rather too vague or not enough to prove the guilt of the accused. Furthermore there
were many other inmates present in the house at the time of the death of Mst. Sana, which give
rise to reasonable doubts to the investigation of Police. Hence, the decision rendered by the court
is very much based on the principles of justice and law.
