PESHAWAR, Nov 7: The Peshawar High Court on Friday summoned the SHO and head constable of a police station in Buner for failing to arrest a man convicted of killing his wife.

A single bench comprising Justice Talat Qayyum Qureshi ordered that the two personnel of Pir Baba police station should appear before the court on Nov 10.

The bench was hearing a review petition filed by Mohammad Khan for enhancing the sentence awarded to his son-in-law, Taj Mohammad, for shooting his daughter, Bukht Banra.

Taj said he did not know there was a bullet in the pistol and accidentally fired it, resulting in death of his wife in Aug 1993.

A Qazi court had sentenced Taj to two years’ imprisonment with Rs30,000 fine under Section 304(a) of a defunct chapter of the Pakistan Penal Code, 1996. The trial court observed that since it was an accidental murder, it fell under Section 304(a) of the PPC dealing with ‘murder due to negligence’.

The trial court had not dealt with the case under the Qisas and Diyat Ordinance, introduced in 1990, on the grounds that for extending the QDO to Provincially Administered Tribal Areas a separate notification had to be issued by the government.

Petitioner Mohammad Khan pointed out that since the PPC was already extended to Pata, therefore there was no need for a separate notification for making the QDO applicable to Pata.

The convict, who has already been released after he served his two-year imprisonment, did not appear before the court, despite several notices.

The petitioner claimed that the police had not been arresting the convict deliberately. He told the court that once he had spotted the convict and informed the police, but the officials did not show any interest in arresting him.