NIAZ MUHAMMAD vs State Ss — 2023 PCrLJ 1741 QUETTA-HIGH-COURT-BALOCHISTAN

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NIAZ MUHAMMAD VS State Ss. 302(b), 365, 201 & 34---anti-Terrorism act (XXVII of 1997), S. 7(e)---Criminal Procedure Code (V of 1898), S. 417(2-a)---Qatl-i-amd, act of terrorism---appreciation of evidence---appeal against acquittal---Disclosure of co-accused---accused were charged for abducting the brother of the complainant for ransom and thereafter killing him---Perusal of the record revealed that acquitted co-accused also made a disclosure wherein he disclosed that when he reached his farmhouse, he found the accused along with the dead body of the late abductee, and the accused told him that he had committed a mistake by causing death of deceased---Instead of informing the police, acquitted co-accused facilitated the accused after bringing the chopper from the city and thereafter chopped the dead body into several pieces with the accused and they both dumped the dead body along with cap and shoes, etc., in the sewage pit of the rented farmhouse---While dumping the pieces of the dead body in the sewage pit, his mobile phone dropped from the front pocket of shirt into the sewage pit---Thereafter acquitted co-accused received Rs.25,00,000/- (Rupees Twenty Five Lacs Only) from the ransom amount and purchased birds and animals, which were recovered from the farmhouse---Police auctioned the birds and animals---Despite knowing all the facts of the occurrence, acquitted co-accused concealed the crime---Prosecution had proved the role of acquitted co-accused and his sharing of common intention with the accused through circumstantial evidence linking one circumstance with the other without any lapse---In such circumstances, the appeal against acquittal of co-accused was allowed and he was convicted and sentenced under S. 201, P.P.C to suffer seven years imprisonment.

NIAZ MUHAMMAD vs State Ss — 2023 PCrLJ 1741 QUETTA-HIGH-COURT-BALOCHISTAN

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