| Case ID |
df898fc2-cd5e-4c92-a926-359b36bee99b |
| Body |
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| Case Number |
Criminal Appeal No. 251 of 1952 |
| Decision Date |
Nov 13, 1952 |
| Hearing Date |
Jan 31, 1952 |
| Decision |
The appeal of Mst. Hussain Fatima was dismissed, maintaining her conviction under section 302 read with section 34 of the Pakistan Penal Code for conspiring to murder her husband Walayat. The court found that her initial statement as an approver was a retracted confession, which, although can be treated as such, had ample corroboration from other evidence. The circumstances of the case, including the method of the crime and the involvement of other parties, were thoroughly examined, leading to the conclusion that the conviction was warranted. |
| Summary |
In the case of Mst. Hussain Fatima vs. The Crown, the Lahore High Court addressed the complexities of a murder conspiracy involving the appellant and several accomplices. The appellant was convicted of conspiring to murder her husband, Walayat Shah, and was sentenced to transportation for life. The case hinged on the admissibility of her statements made before the Committing Magistrate, which were later retracted. The court emphasized that despite the retraction, there was substantial corroborative evidence, including medical findings and witness testimonies, establishing her guilt. The decision underscores the legal principles surrounding confessions and the importance of corroboration in criminal proceedings, particularly in cases of conspiracy to commit murder. This case serves as a significant reference for future legal considerations regarding the treatment of approver statements and the sufficiency of evidence in murder trials. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman,
Muhammad Jan
|
| Lawyers |
Nemo (appeal through jail) for Appellant,
S. A. Mahmood, Assistant to the Advocate-General for Respondent
|
| Petitioners |
Mst. Hussain Fatima
|
| Respondents |
The Crown
|
| Citations |
1953 SLD 96,
1953 PLD 57
|
| Other Citations |
Ram Nath v. Emperor A I R 1928 Lah. 320,
Mst. Aziz Begum v. Emperor A I R 1937 Lah. 689,
Paran v. Emperor A I R 1938 Lah. 135
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
34
|