Hafiz OBAIDULLAH vs State S — 2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: Hafiz OBAIDULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 164

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Hafiz OBAIDULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Quantum of sentence---Scope---Accused was charged for committing murder of the brother of the complainant---Record showed that although all the other formalities vis-a-vis recording the statement of the accused under S.164, Cr.P.C., had been duly complied with, yet same was recorded after a delay of fourteen days---Said fact was an irregularity, not vitiating the confessional statement itself, but putting the court to caution---Accused made one fire upon the deceased and had not repeated the same---Alteration of the death penalty into imprisonment for life would be a conscionable wage in the circumstances---Consequently, the penalty of death awarded to accused was altered into imprisonment for life---Appeal was dismissed with said modification in sentence.

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