PESHAWAR, Jan 16: The Peshawar High Court on Wednesday accepted two separate appeals in honour-related murder cases and acquitted the appellants earlier convicted by the Qazi courts.
The PHC set aside the capital punishment awarded to appellant Akhter Munir by the Qazi court in Dir for killing a person, who, the appellant suspected, had illicit relations with his sister-in-law.
In the other case, the division bench set aside the life imprisonment of Namoos Khan convicted of killing his female cousin on suspicion that she had relations with a boy of their village. The bench, comprising Justice Khalida Rachied and Justice Shehzad Akber Khan, accepted the appeal and ruled that it was a case of no-evidence. Advocate Maazullah Barkandi appeared for the appellant and argued that the trial court had overlooked important points while delivering the verdict.
In this case, complainant Mohammad Ameen, maternal uncle of the deceased, stated that the father of his niece, Saeeda, died six years ago. Saeeda’s mother contracted second marriage, following which the girl was living with her paternal uncle Shareef Khan. The complainant said that he was out of the village and on return, came to know that Namoos Khan, son of Shareef, had killed the girl, suspecting that she had relations with a boy of their locality.
Later, a Jirga was held and the complainant decided to withdraw the case. However, the trial court decided that it was a heinous crime and trial would be conducted. The trial court observed that killing women in the name of honour was a routine in the area and whenever men wanted to get rid of a female member of their family, they gave her a bad name and then eliminated her. The trial court was of the view that the so-called elders of the area were equally involved in such crimes as they always forced the complainants to enter into compromise. The court questioned that if the girl was killed for having relations with a boy, why the boy was spared.
In the first case, a division bench comprising Justice Malik Hamid Saeed and Justice Tariq Pervaiz accepted the appeal on the ground that the Qazi court had overstepped its jurisdiction.
Lawyer Asadullah Chamkani appeared for appellant Akhter Munir and said that Munir and Shehzad Gul were charged with killing Mohammad Ayaz. He argued that the prosecution had submitted challan against both the accused, but the court of Zila Qazi turned one of the accused as approver. He argued that the trial court had no powers to declare an accused approver against a co-accused.
After completion of arguments the bench acquitted the appellant and set aside the death penalty awarded to him by the trial court.






























