PESHAWAR, Nov 20: Accepting a criminal appeal, the Peshawar High Court on Tuesday set aside the death penalty awarded by a Qazi Court to an accused in a honour-related double murder case.

A division bench comprising Justice Nasirul Mulk and Justice Qaim Jan Khan pronounced the short order, acquitting Behrawar Saeed, the appellant.

Saeed was convicted by the Zila Qazi of Dir of killing his wife, Zareena, and nephew, Shah Khalid, on suspicion of having illicit relations.

The crime was committed on Dec 6, 1997, in the jurisdiction of Lal Qilla police station in Dir. The FIR was lodged by Nazir Mohammad, brother of Zareena. However, he did not pursue the case. In his confessional statement, the appellant had confessed to having committed the double murder. The appellant said that he had no intention of committing the murder, but did so due to sudden provocation.

Later, the appellant retracted his statement. On April 30, 1999, the court convicted him, observing that Islam did not allow the murder of a woman on such excuses.

Appearing for the appellant in the high court, Barrister Zahoorul Haq argued that the trial court had overlooked various important points while convicting his client. He contended that it was a case of no-witness and there was nothing on record which could corroborate the involvement of the appellant in the double murder.

Mr Haq argued that even the complainant did not depose against the appellant. He stated that the trial court had convicted the appellant merely on the basis of suspicion.