The Sindh High Court (SHC) on Friday dismissed the appeal of two women against conviction in the murder case of a Pak Sarzameen Party (PSP) leader but modified their death sentence into life imprisonment.
The court also acquitted their co-accused from murder charges, setting aside his life imprisonment. The appellants, Hajira Bibi and Shahina Hameed, were sentenced to death and the co-accused, Haroon, was sentenced to life imprisonment by the trial court for murdering PSP leader Abdul Habib on February 18, 2019, within the limits of the Taimoria police station.
According to the prosecution, the appellants, who were stepmother and stepsister of the deceased, conspired to kill him through absconding accused Wali and Haroon over a business dispute and internal differences.
A counsel for the appellants submitted that the police had falsely implicated the women in the case and only evidence against them were voice messages sent to them by the absconding accused with regard to the murder of the deceased.
He submitted that the women could not be implicated in the case on the basis of a voice message and no direct evidence was produced by the prosecution to connect them with the offence.
An additional prosecutor general supported the trial court judgment and submitted that the witnesses had informed the trial court that the appellants had conspired and instigated the co-accused to kill the deceased and Haroon was identified by witnesses as someone who was with the absconding co-accused at the time of the murder.
A division bench of the SHC comprising Justice Mohammad Karim Khan Agha and Justice Khadim Hussain Tunio after hearing the arguments of the counsel observed that the prosecution had proved its case against the appellants who planned, instigated and abetted the murder. The high court, however, reduced the death penalty of the women to life imprisonment as their role was confined to abetment, planning and instigation.
The SHC also set aside the life imprisonment of Haroon as the prosecution had failed to prove charges against him and evidence of the witnesses could not be relied upon with regard to the identification of the co-accused.
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