Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 122

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 302--Qanun-e-Shahadat Order, (10 of 1984), Art. 122--Post arrest bail--Murder of wife--Plea of suicide--Dismissal of herein, blamed to have strangulated his wife, survived by an infant daughter of 9 months, to death--Medical Officer noted a ligature mark around the neck seemingly a complete scar, circumference the neck between both ears; it is thick and hard with parchment, without there being any obliquity, that inevitably occurs in a case of voluntary suicide on account of sudden fall through gravitational pull--External as well as internal petechial hemorrhage unmistakably suggest application of manual compression, a sign diametrically inconsistent with the plea of suicide, further confirmed by an intact hyoid bone--He came up with the pleas of suicide, a circumstance nugatory in itself--Article 122 of the Qanun-e-Shahadat Order, 1984 is cast upon the petitioner to explain as to what befell upon his wife who spent the preceding night with him under the same roof; his failure to vindicate his position is further aggravated by the statements of witnesses, suggesting an ongoing acrimony between the spouses--Petition fails--Leave declined. ORDER Qazi Muhammad Amin Ahmed, J.--Declined downstairs throughout, lastly by a learned Judge-in-Chamber of the Lahore High Court Lahore, vide impugned order dated 18.07.2021, Dilawar Ali, petitioner herein, blamed to have strangulated his better half Muqaddas Bibi, survived by an infant daughter of 9 month, to death, seeks leave to appeal therefrom for admission to post arrest bail. The deceased, often complained maltreatment and shared agony with her parents, however, she was advised to exercise restraint to save the bond, a hope that withered away on the fateful day. Petitioner attempted to hush up the death as suicidal, an hypothesis seemingly contradicted by the autopsy report. 2. Heard. Record perused. 3. With an…

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