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AJ&K Penal Code-- ----S. 302--Conviction and sentence--Challenge to--Appreciation of evidence--Murder of lady through strangulation--Deceased lady was married--Later on husband contracted second marriage with appellant--Statement of PW showed that he had not seen the convict committing the offence, however he heard the cries--Post-mortem report was not supporting the story of giving Ativon tablets to the victim--Prosecution story being highly doubtful was not worth relying--Conviction was set aside. Order The above titled appeal has been directed against the order of District Court of Criminal Jurisdiction, Sudhnooti Palandri dated 13.05.2006 whereby appellant Mst. Kousar Perveen was convicted and awarded life imprisonment under Section 302, A.P.C. while Muhammad Shabir was acquitted of the charge. 2. Brief facts leading to the background of the appeal are that a case under Section 302, A.P.C was registered at Police Station, Pallandari on the complaint of Muhammad Raees. It was reported that the complainant was a resident of Gahl Palandri. Thirteen years back his sister married to Muhammad Kabir S/o Muhammad Latif R/O Daran Challar. They had a son and daughter. Muhammad Kabir contracted second marriage seven years before the occurrence with Mst. Kousar Parveen, due to which an unpleasantness was prevailing between Mst. Robina and him. On 29-03-2006 at 8.00 p.m. the complainant came to know that his sister died. Upon this he came there and inquired about the matter. He was told by the family members that on night falling between 28/29-03-2006 a Vampire killed her. At 3.00 p.m. some ladies told the complainant that they saw a mark of violence caused by rope on the neck of the deceased. Due to suspicious circumstances he reported the matter to the Police. 3. On the above mentioned information the Police started proceedings under Section 174, Cr.P.C. and the dead body was taken to hospital for post mortem. The doctor who conducted autopsy opined that the death occurred due to strangulation. Upon this a case under Section 302, A.P.C was registered at Police Station, Palandri. During investigation the convict appellant and her brother Muhammad Shabir were…

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