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

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NIAZ MUHAMMAD VS State Ss. 302(b), 365 & 34---anti-Terrorism act (XXVII of 1997), S. 7(e)---Qatl-i-amd, act of terrorism---appreciation of evidence---Recovery of incriminating material on disclosure of accused---Reliance---accused were charged for abducting the brother of the complainant for ransom and thereafter killing him---Perusal of record revealed that prior to the disclosure of the accused, it was not known to anybody that the abductee had been murdered and his body had been buried in the sewage pit of the farmhouse, which was recovered in 39 pieces in presence of Judicial Magistrate and Lady Police Surgeon---DNa samples taken from 39 pieces of the dead body and buccal swab of parents of deceased matched in the DNa report of Forensic Science agency---DNa report had proved that the recovered pieces of human meat were of the late abductee and Forensic Science Laboratory Report of bloodstained tuka and knife, cap, and pair of Sandals (identified by a relative) recovered from the buried place of the abductee lent further corroboration---Farmhouse was in possession of co-accused being tenant and such fact had been proved through the statement of owner of farm supported by the revenue record produced by the patwari---Disclosure of the accused was further corroborated by medical evidence i.e. postmortem report, which revealed that the death of the late abductee was caused by firearm injury in the skull---Receiving of the ransom amount and paying debts from the same to the creditors by the complainant stood corroborated by the statements of three creditors and by recovery of Rs.7,00,000/- from the accused---Prosecution had succeeded in proving its case through such circumstantial evidence, therefore, appeal against conviction was dismissed.

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

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