ATTAULLAH vs State Ss — 2023 MLD 1435 QUETTA-HIGH-COURT-BALOCHISTAN

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ATTAULLAH VS State Ss. 302(b), 302(c), 201 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, common intention---Appreciation of evidence---Sentence, reduction in---Conviction under S. 302(b), P.P.C. converted into one under S. 302(c), P.P.C.---Confessional statement of the accused---Accused were charged for committing murder of the brother of the complainant and his dead body was thrown into a well---Record showed that the accused made his confessional statements before the Judicial Magistrate---Record prepared by the Judicial Magistrate as well as his deposition proved conclusively that he took all precautionary measures to ensure that confession was voluntary---In that connection the accused, besides, admitting the commission of offence, also stated about the motive---Case of prosecution with regard to motive of offence was entirely based on confessional statements of the accused persons---Apart from above, there were circumstances, which were not taken into account by the trial Court, while awarding the sentence of life imprisonment to the accused persons---Prosecution mainly relied upon the statements of accused persons under S. 164, Cr.P.C., wherein, accused persons admitted the commission of crime, but according to the version of accused, the deceased time and again sexually assaulted him, thus, in order to save his honor, he managed to commit the murder of the deceased---As per record, it appeared that the accused committed the offence in an effort to defend himself from the sexual assault made on him by the deceased---Thus, it appeared that it was some immoral or improper act of the deceased himself, which had led or had at least contributed to his ultimate murder---Reading of confessional statement of accused revealed that he alone made a plan for committing murder of deceased, due to the reason that deceased carnally assaulted upon him more than once---No other evidence was available with regard to motive of the offence except the confessional statements of the accused persons, which brought the case of accused, within the purview of S. 302(c), P.P.C---In such circumstances, the appeal was partly allowed and conviction of accused was converted from 302(b) to 302(c), P.P.C and sentence was reduced from life imprisonment to that of ten years.

ATTAULLAH vs State Ss — 2023 MLD 1435 QUETTA-HIGH-COURT-BALOCHISTAN

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