A model court has acquitted a man in a case pertaining to the murders of his wife, and three minor daughters after their legal heirs pardoned him in the name of Almighty Allah.
Muhammad Fawad had been booked for brutally killing his wife Huma, and three daughters – Maryam, Fatima and Samra – and attempting suicide in his house in Shamsi Society within the remit of the Al-Falah police station in November 2022.
The accused and legal heirs of the victims filed an application before Additional District and Sessions Judge Aziz Ur Rehman Junejo of the Model Criminal Trial Court under sections 345(2) and 345(6) of the Code of Criminal Procedure (CrPC) requesting the court to accept an out-of-court settlement reached between them and acquit him.
The legal heirs, including victim Huma’s mother and children’s grandmother Saira, Huma’s sister Sarwat, brother Ubaidullah Afandi, mother-in-law and children’s paternal grandmother Rukhsana, and children’s paternal uncle Faraz appeared in the court and recorded their statements.
They stated that they had forgiven the accused in the name of Almighty Allah without any compulsion and coercion and that they would have no objection if he was acquitted. They also waived off the right to Diyat as well as Qisas.
The judge observed that the accused was the husband of the victim Huma and father of the minors. He said all the legal heirs of the deceased persons had submitted their affidavit raising no objection to the acquittal of the accused on the basis of the compromise.
He noted that reports were called from the National Database & Registration Authority, and the Mukhtiarkar and SHO concerned for the verification of the legal heirs of the victims, adding that the compromise was also published in an Urdu daily.
“No any objection in respect of legal heirs was received from anyone, including the general public,” the judge said. “After completing codal formalities and recording statements of the above legal heirs, I am of the view that the legal heirs of deceased persons and the accused, who is husband/father of the deceased persons, have patched up their difference outside the court and buried their hatchets,” he observed.
“The compromise has been effected without duress and coercion therefore, there is no impediment in allowing compromise application,” the order read. The judge allowed the compromise plea and exonerated the accused from the charge.
The state prosecutor also did not raise any objection to the out-of-court settlement. According to the prosecution, on November 29, 2022, the accused killed his wife and three daughters in his rented house in Shamsi Society with a knife and tried to commit suicide, sending shock waves across the country.
An FIR was lodged under sections 302 (murder) and 325 (attempt to commit suicide) of the Pakistan Penal Code (PPC). Notably, in December 2022, Pakistan de-criminalised attempted suicide by repealing Section 325 of the Pakistan Penal Code.
Published in News Daily on 24-September-2024.
