Citation Name: 2024 MLD 1612 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Dawood Shehzad vs State Ss — 2024 MLD 1612 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1612 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1612 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Dawood Shehzad vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

Citation Name: 2024 MLD 1612 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Dawood Shehzad VS State Ss. 302(b), 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping for ransom, common intention, act of terrorism---appreciation of evidence---Sentence, reduction in---Mitigating circumstances---accused were charged for committing murder of the son of complainant after abducting him for ransom---Record showed that except disclosures of two accused persons, nothing incriminating had been recovered from other accused in order to substantiate the same, as such, merely on the basis of disclosures of two accused, remaining accused persons could not be convicted and sentenced, thus for the safe administration of justice and to avoid any error of law, Court was unable to maintain impugned judgment to their extent---Penalty of death awarded to two accused persons seemed out of proportion because the standard of evidence required for awarding capital punishment was not available---although, committing murder of a child aged about 10/11 years in a gruesome and inhuman manner was a gut wrenching incident, but it was also an admitted fact that there was no eye-witness of the occurrence, no last seen evidence, no judicial confession or even extra juridical confession, leading to maintain capital punishment awarded to two accused persons---Thus, in view of such mitigating circumstance, it was a fit case to convert death penalty into life imprisonment, which would serve the cause of justice---appeal against conviction filed by three accused "MM", "R" and "MB" were allowed---appeal filed by two accused persons "D" and"I" were partly allowed by maintaining the conviction, however, capital sentence of death was converted into life imprisonment.

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