MUHAMMAD USMAN vs State Ss — 2023 YLR 555 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD USMAN VS State Ss. 302(b), 201 & 34---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, common intention---Appreciation of evidence---Sentence, reduction in---Motive was proved---Scope---Accused were charged for committing murder of the brother of the complainant by making firing---Case of the prosecution with regard to motive of offence was entirely based on the confessional statement of the accused---Admittedly, confessional statement was to be taken as a whole and not in piecemeal---Accused in his confessional statement specifically stated about the motive that the deceased carnally assaulted him more than once on gun point, therefore, he planned for committing his murder by taking pistol from his cousin---Confessional statement of the accused revealed that he alone made a plan for committing murder for which he had taken pistol from his cousin, because the deceased carnally assaulted him more than once on gun point---No other evidence with regard to motive of the offence was available except the confessional statement of the accused, which brought the ease of the accused within the preview of S. 302(c), P.P.C.---Co-accused had neither been involved in the planning of the offence nor he had taken any part in commission of the offence in furtherance of common intention---Said accused was well aware that the offence of murder had taken place---Said accused by his action and conduct concealed the evidence of commission of that offence to save the accused from being punished and thereby caused disappearance of evidence of the offence, thus guilty of offence under S. 201, P.P.C.---Appeal was partly allowed and conviction of the accused was converted from S. 302(b), P.P.C. to S. 302(c), P.P.C. and his sentence was reduced from life to fifteen years, in circumstances---Conviction and sentence of the other accused under S.302(b), P.P.C. was set aside and he was convicted under S. 201, P.P.C. and sentenced to suffer rigorous imprisonment for five years.

MUHAMMAD USMAN vs State Ss — 2023 YLR 555 QUETTA-HIGH-COURT-BALOCHISTAN

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