PERVAIZ vs State S — 2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: PERVAIZ vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

PERVAIZ VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 38, 39 & 40---Qatl-i-amd---Appreciation of evidence---Disclosure made by the accused---Recovery of weapon---Admissibility as evidence---Accused was charged for committing murder of the deceased and causing injuries to the complainant by inflicting dagger blows---Statement regarding admission of guilt amounting to confession was inadmissible in view of Arts. 38 & 39 of Qanun-e-Shahadat, 1984, but the second part, which related to the disclosure of a fact of recovery of the dagger from the roof top of the hotel, on pointation of accused was admissible and relevant as comtemplated under Art. 40 of Qanun-e-Shahadat, 1984---Thus, the recovery of dagger being the crime weapon whereby deceased was murdered and complainant was injured by all means was a corroborative piece of evidence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---However, due to mitigating circumstances, the death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

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