ISLAMABAD: The Islamabad High Court (IHC) on Thursday upheld capital punishment of a convict who killed his pregnant wife and was seeking acquittal on the ground of being a psychopath.

IHC division bench comprising Chief Justice Athar Minallah and Justice Babar Sattar dismissed the appeal against conviction of Samiullah.

District and sessions judge convicted Sami under section 302 of Pakistan Penal Code (PPC) and awarded him death sentence for murdering his wife Bushra Bibi.

Mohammad Zakria, brother of the deceased, nominated Sami in the FIR for Bushra’s murder with Shahzad Town Police on September 09, 2017. The convict absconded but was apprehended later on.

During the course of arguments in IHC, Ansar Mehmood Kiani, appeared on behalf of the complainant and contended that the FIR was registered promptly and that the appellant was the only accused nominated therein; recoveries made during the course of investigation established that he was involved in his wife’s murder. He had also admitted his guilt.

Raja Rizwan Abbasi, counsel for the convict, adopted before the court that Sami was psychopath and he committed murder for ‘unsoundness of mind’.

The court observed that the crime scene and the loss of an innocent life at the hands of the appellant were not disputed.

The latter had unequivocally admitted killing the woman who was his wife and mother of four siblings born out of the wedlock. The deceased had developed fetus in her womb when she was killed by her husband in a gruesome manner.

The appellant, after the commission of the offence, had left the crime scene along with his father and brother but preferred to become a fugitive from law instead of surrendering himself. He was arrested two days after the occurrence of crime.

The deceased was killed in her house in presence of minor children.

However on June 21, 2018 appellant took the plea that convict was of unsound mind. The court directed constitution of a medical board and convict was examined. The medical board included the senior professor and head of the psychiatry department.

The medical board, after examining the convict, recorded its opinion to the effect that the latter had a history of “psychosis”, which was most likely drug induced and for which he had been treated. The board was of the opinion that at the time of his examination the accused was ‘found to be mentally fit to stand trial’.

Published in Dawn, April 30th, 2021