PESHAWAR, March 3: The Peshawar High Court set aside on Wednesday capital punishment awarded by a Qazi court to two persons, including a woman, for killing her husband.

A two-member bench, comprising Justice Tariq Pervez and Justice Tallat Qayyum Qureshi, accepted criminal appeals of the two appellants, Chand Bibi and Jawed Khan, and acquitted them.

The woman was charged with killing her husband Sardar Ali with the support of Jawed, who, the prosecution claimed, was her paramour. The bench observed that the two appellants were convicted on the basis of confessional statement of the woman which was given under duress.

The court also acquitted a co-accused, Bakht Rawan, who was charged with disposing of the dead body by burying the deceased in the courtyard of his residence. He was sentenced by the Qazi court to seven years' imprisonment.

Deceased Sardar Ali had disappeared in July 2002. His father Malik Zada had informed the Ghalgai police station in Swat district on Aug 4, 2002, about his disappearance.

He said when he visited the residence of his son his daughter-in-law, Chand Bibi, informed him that her husband was missing for the last two weeks. The police started investigation and claimed that the son of the deceased, Ali Akber, informed them that his mother had killed his father by firing at him.

Ali Akber claimed that she killed him with the support of Jawed and threatened him to remain silent. He added that the three accused, Chand Bibi, Jawed and Bakht Rawan, buried the body in the courtyard.

The police also arrested the woman who recorded a confessional statement, saying that she feared that her husband would kill her due to which she fired at him.

The Zila Qazi (district and sessions judge) tried the three appellants and Ali Akber. The court acquitted Ali Akber, whereas rest of the three accused were convicted on May 28, 2003.

Advocates Khwaja Mohammad Khan of Gara, Mohammad Nawaz Khan and Ameen Khattak appeared for the appellants and argued that the woman was tortured and forced to record a confessional statement.

They argued that the conviction was mainly based on the controversial confession and without it there was no evidence which could connect the accused with the occurrence.