PESHAWAR: Peshawar High Court has set aside sentence of life awarded by a trial court to a person for torturing his wife to death around a decade ago in Dir Upper and acquitted him on basis of a compromise under Qisas and Diyat law.

A bench consisting of Justice Mohammad Naeem Anwar and Justice Mohammad Ijaz Khan accepted an appeal filed by the convict named Qasimullah and ordered his release from prison.

The appellant was convicted by an additional sessions judge on March 27, 2024, in Dir Upper. The court had sentenced him to life imprisonment. He was also fined Rs1 million, which had to be paid as compensation to legal heirs of the deceased woman.

The high court had sent record of the case to the trial court, seeking its report regarding a compromise between the appellant and legal heirs of the deceased woman. The trial court had submitted its report, which revealed that the deceased had left behind two daughters, who were now major and sane.

Sets aside life sentence awarded to him by trial court

A compromise deed under Qisas and Diyat Ordinance and a certificate from local elders for verification of the contents of the compromise deed were also produced before the court.

The daughters and two brothers of the deceased woman had recorded their joint statement to the effect that they had pardoned the appellant in the name of Almighty Allah by waiving their right of Qisas and Diyat against him.

“The report of the learned trial court indicates that the legal heirs of the deceased have entered into a genuine compromise with the appellant/convict Qasimullah,” the bench observed.

“The offence is compoundable and the compromise is deemed to be in the best interest of both the parties with the aim of restoring peace and tranquility between them in future. Thus, this appeal is allowed based on compromise,” the bench ruled.

The FIR of the occurrence was registered against the appellant, accusing him of killing his wife Zakira Bibi through violence on March 15, 2015, at Wari police station in Dir Upper.

Mohammad Ilyas, a brother of the deceased woman, had told police that the deceased was married to the appellant around nine years ago and out of their wedlock they were having two daughters.

The complainant had stated that due to strained relations between the couple, his sister had been residing at her parent’s house. He said that two days before the occurrence on the intervention of local elders she had returned to her husband’s home.

He stated that that he had received information that body of his sister had been lying at Wari hospital. The convict had claimed that the deceased had committed suicide.

Published in Dawn, January 27th, 2025