Thursday, November 19, 2009

Marriage with sister daughter

Citation Name: PLJ 2004 Cr.C 321
Appelant Side: MUHAMMAD NAWAZ
V e r s u s
Opponent Side: STATE
Judge Name: SH. ABDUL RASHID
Judgment Result:Bail allowed.
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--ss. 10/11-criminal procedure code, 1898 (v of 1898), s. 497-post arrest bail application-offence attributed to petitioner was abduction of complainant daughter and commission of zina with her-petitioner claimed to have divorced his first wife/elder sister of alleged abductee and had placed on record 'nikahnama' with her younger sister-even if prosecution case was admitted that first wife had not been divorced in accordance with law and first "nikah" was still subsisting, subsequent nikah with younger sister of first wife would only amount to irregular marriage and issues of such marriage would be legitimate-petitioner was thus, not committing zina with his second wife-second marriage of petitioner would become valid on divorcing first wife, whom he claims to have divorced-petitioner had thus, committed no offence-petitioner was, therefore, admitted to bail in sum of specified amount with one surety of like amount to satisfaction of trial court.

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Citation Name: PLJ 2004 FSC 115
Appelant Side: MUHAMMAD YOUNAS
V e r s u s
Opponent Side: STATE
Judge Name: DR. FlDA MUHAMMAD KHAN; S.A. MANAN AND ZAFAR PASHA CHAUDHRY
Judgment Result:Appeal dismissed.
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-ss. 10 & 11-abduction and murder of victim lady-statement of complainant-that main accused had developed illicit relations with deceased lady was supported by medical evidence whereby she had fetus of over seven months-evidence on record would indicate that appellant wanted to marry victim lady but she did not accede to his demand because of the fact that her elder sister was wife of appellant-father of victim lady could not accept that his elder daughter be divorced and younger one be given in marriage especially when he had smelled foul .play in between appellant and his deceased daughter-appellant being aggrieved on account of refusal by complainant and deceased chose to forcibly abducted victim lady from her house-factum of abduction by appellant was thus, fully established

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Citation Name: PLJ 2002 Cr.C 997
Appelant Side: ZEESHAN AFZAL alias SHANI
V e r s u s
Opponent Side: STATE
Judge Name: ALI NAWAZ CHAUDHRY AND RUSTAM ALI MALIK
Judgment Result:Appeal dismissed
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--s. 302--murder--offence of--conviction and sentence-appeal against-offence not seen by anyone-convict picked up in identification parade-recovery of stolen articles effected by police-motive not shown m, fir--effect of~appreciation of evidence-it is admitted fact that mst "s" deceased was paternal aunt of "z" accused/appellant whose mother had been divorced by his father-he himself in his statement u/s 342 cr.p.c. had stated that his father had contracted second marriage-in his aforesaid, statement he had further stated that his paternal aunt "s", deceased loved him and she wanted to marry his daughter "m" deceased with him, but other relatives took it ill and they did not like his visits to house of his aforesaid paternal aunt-it is correct that in fir there was no intention of alleged stolen articles-but we can also understand as to what was state of mind of complainant immediately after reaching his house when he saw dead bodies of his mother and sister lying in bath room with their throats cut with sharp edged weapon-only possible thing he could do at that moment was to shout, cry and to raise alarm-it could not be expected from him at that moment to check up household articles to find out as to whether any theft had been committed in house-conduct of complainant in that respect does not appear to be unnatrual-having failed to marry mst *m" daughter of his aunt, "z" accused/appellant could do anything, including murder of "mst". "m" and her mother-in original fir no notice was attributed to accused appellant-as such it was not necessary for prosecution to prove existence of motive-even most heinous offences are some times committed without existence of any motive-however, during trial, it did come to light that "z" accused/ appellant did have motive to committee offences in question-death sentence of appellant confirmed-appeal dismissed.

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Citation Name: PLJ 2002 Cr.C 651
Appelant Side: JAMIL ARSHAD
V e r s u s
Opponent Side: STATE
Judge Name: MIAN MUHAMMAD JAHANGIR AND M.A. SHAHID SIDDIQUI
Judgment Result:Appeal partly accepted.
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-s. 302-b~murder~conviction and sentence-appeal against-although, accused has not taken up this plea in his statement under section 342 cr.p.c. but prosecution case itself suggests that mst. n (deceased) had contracted marriage with k (deceased) secretly more than a year prior to occurrence and then she left house of her parents about eight months thereafter-such unceremonious marriages in our social set up are not approved and often not accepted even by parents of spouses who fell humiliated and exposed to contempt and criticism-accused being nearst in degree to mst. n must have remained under constant mental torture, pinching him and compelling him to take revenge-he must have felt difficult to face his friends, relatives and other people of his locality-a sensible man in ordinary circumstances would not kill his own sister and brother-in-law-mother of accused has lost her daughter on one hand and in case sentence is not altered she would be losing her son also-k (deceased) also cannot be regarded as "muasoom-uddum" (as he was alsoresponsible for violating out well established social norms and bring bad name not only to his own family but also to family of accused-deathsentence altered to imprisonment for life.

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