Law: Criminal Procedure Code (V of 1898)

Section: 410

JUDGMENT SHEET                                      ARBAB MUHAMMAD TAHIR, J. Through the listed appeals in terms of Section 410 Cr.P.C., appellant, namely, Arshad Abbas, impugns judgment dated 08/11/2021 passed by the learned Additional Sessions Judge Islamabad (West)  whereby he was convicted under Section 302(b) PPC and sentenced to undergo imprisonment for life as Tazir with compensation of Rs.100,000/- under Section 544-A Cr.P.C to the legal heirs of deceased and in case of failure to undergo S.I. for six months in FIR No.519 dated 05.12.2020 registered under Section 302 of the Pakistan Penal Code, 1860 (“hereinafter referred to as “PPC”) at Police Station Ramna, Islamabad. Benefit of Section 382-B, Cr.P.C. was also extended in favour of the appellant.   The appellant faced the trial on the charge of commission of murder of his spouse namely Mst. Fatima Bibi, aged about 33 years. The occurrence in the present case as per complaint Ex.PO, FIR Ex.PA allegedly took place at midnight time on 4/5.12.2020, within the area of Mehrabadi, Sector G-11, Islamabad. The complainant namely Muhammad Aslam is real brother of deceased Mst. Fatima Bibi on whose statement the subject FIR stood registered. The statement of the complainant had been to the effect that his younger sister (deceased) aged about 33 years, was married with the appellant about four years back and the couple was blessed with a son namely Nasir Abbas aged about 3 years; that the appellant had been living with Mst. Fatima Bibi for the last two years in Mehrabadi near Shoukat Market Sector G-12 Islamabad in a rented house; that on 05.12.2020 on receiving information about death of his sister, the complainant alongwith his relatives went to the PIMS Hospital where he identified the dead body of Mst. Fatima Bibi, lying in Emergency Ward; that at the relevant time, he had also witnessed a mark of stimulation on the neck of her sister; that her sister often informed him through telephone that her husband i.e. the appellant had been in-habit of giving her beating; that the appellant had…