Law: Pakistan Penal Code, 1860

Section: 302(b),109,34

Law: Code of Criminal Procedure, 1898

Section: 204,265(C),342

Facts

• The appellant, Habib Ullah, challenged the judgment of the Additional Sessions Judge-VII, Mardan, dated 29.11.2025, whereby he was convicted under Section 302(b) PPC for murdering his wife, Mst. Ayesha, inside their matrimonial home.
• The occurrence took place on 30.06.2018, and FIR No. 528/2018 was registered at Police Station Jabbar, Mardan under Sections 302, 109 & 34 PPC.
• The prosecution alleged that the appellant killed his wife with a knife due to a family dispute, while his parents were nominated for abetment.
• The appellant absconded after the incident and remained at large for several years before his arrest in 2025.

Prosecution Evidence

The prosecution relied entirely on circumstantial evidence, including:

• Medical evidence proving that the deceased died due to a fatal knife injury on the neck.
• Recovery of a bloodstained knife, bloodstained clothes, and bloodstained earth from the crime scene.
• Positive Forensic Science Laboratory (FSL) report confirming the presence of blood on recovered articles.
• The appellant's abscondence after the incident.
• The appellant's failure to explain how his wife died inside their matrimonial home despite the fact being especially within his knowledge.

Court's Findings

The High Court held that:

• The deceased suffered a homicidal death inside the matrimonial home where she was residing with the appellant.
• Under Article 122 of the Qanun-e-Shahadat Order, 1984, when a fact is especially within the knowledge of an accused, he is required to provide a plausible explanation.
• The appellant merely denied the allegations under Section 342 Cr.P.C. and failed to explain the circumstances of his wife's death.
• The recovery of incriminating articles and positive forensic evidence strongly corroborated the prosecution case.
• Although motive was not independently proved, failure to prove motive was not fatal because the chain of circumstantial evidence was complete.
• The appellant's abscondence further strengthened the prosecution case.

Decision

The Peshawar High Court found that the prosecution had established an unbroken chain of circumstantial evidence proving the appellant's guilt beyond reasonable doubt.