PESHAWAR: A Peshawar High Court bench on Wednesday set aside the death sentences awarded by a district court to a man and his sister for killing his wife by acid attack and acquitted the two of the charge.

Justice Roohul Amin Khan Chamkani and Justice Syed Afsar Shah accepted the criminal appeals of the two convicts, including Amjad Ali and Samina, ruling that the evidence on record didn`t connect them with the commission of the offence.

On Feb 27, 2015, an additional district and sessions judge had convicted the two before sentencing them to death and Rs200,000 fine. The trial court had also declared the absconding sister of the appellants, Zeba, a proclaimed offender and issued perpetual warrants for her arrest.

The prosecution had claimed Amjad Ali and Samina, residents of Peshawar`s Nauthia area, had killed his wife, a mother of five, on May 23, 2013, by dousing her with acid.

The appellants had insisted that the woman had committed suicide by pouring acid on herself.

Complainant in the case was the deceased`s brother, Gulab Shah, who had lodged an FIR with the Banamari police station alleging that his sister was killed by husband and sisters-in-law.

He had added that his sister married around 10 years ago was often subjected to severe torture by husband and inlaws. Altaf Khan, lawyer for appellant Amjad, said his client was falsely implicated in the case.

He said the `prime witness` produced in the case was the seven-year-old son of the couple, who had testified against his father and aunts. `The child is a `tutored witness` as he is quite young and has spent a lot of time with maternal uncle,` he said.

The lawyer said ironically, the deceased`s another 10-year-old son was not produced before the court as he didn`t follow the instructions of his uncle.

Citing several judgments of the superior courts, he said a child was an untrustworthy witness.

The lawyer said the child had also recorded conflicting statements in the case as on one occasion, he insisted that his aunts had held his mother, while his father had poured acid on her, but on the other, he claimed his father had stepped out after asking his sisters (child`s aunts) to kill his wife.

He said appellant Amjad Ali had himself taken his wife to the hospital in injured condition.

The lawyer said the prosecution`s version that the appellant had escaped from the hospital, was false as he had gone to the Lady Reading Hospital, where his mother was hospitalised and was in serious condition.

He added that appellants were held by the police at the LR H and that three days later, their mother had died.

Waqas Chamkani, lawyer for Samina, said Amjad had informed the police about the `suicide` of his wife and that his report was made part of the daily diary but it mysteriously disappeared from the police records afterward.