Citation Name: 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mir Agha vs State Ss

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Citation Name: 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mir Agha VS State Ss. 302(b), 387, 404 & 34---Qatl-i-amd, putting person in fear of death or of grievous hurt in order to commit extortion, dishonest misappropriation of property possessed by deceased person at the time of his death, common intention---Inconsequential---Appreciation of evidence---Recoveries effected on the disclosure of accused---Accused were charged for committing murder of the deceased by strangulation for looting purpose---Sole evidence on record against the accused persons was the extrajudicial confession of accused persons as well as the recoveries effected pursuant to such disclosure---Recovery witness of certain articles was also witness of disclosure memo. of accused---Accused allegedly confessed his guilt by disclosing the fact that he along with co-accused planed to loot the amount of foundation and as per plan they knocked the door of Foundation Office, which was opened by the deceased and during discussion, they overpowered the deceased and by strangulation committed his murder, where after they took money lying in the office i.e. Rs.100,850/-, DVR of Camera (Hard Disk), where after co-accused gave him Rs.50,000/----Pursuant to such disclosure accused got recovered the Hard Disk and cash amount of Rs.50,000/-, which were taken into possession through recovery memo---Disclosure memo. of the accusedwas altogether silent with regard to exact date and time of occurrence to confirm on which date and time they planned for committing the crime and when they performed their plan---Said recovery witness was also witness of disclosure memo. of other accused, wherein he did not mention the details of crime as narrated in his disclosure by the accused, but however, stated that on 5th December 2020 he along with his accomplice committed the murder of deceased by strangulation and took away a pistol and cash amount, while pursuant to such disclosure the accused got recovered the pistol from Naala---Recovery of cash amount from the possession of accused persons was doubtful, as no one could say with certainty that the said amount recovered from the possession of the accused persons was the same that was missing or looted from the office of Foundation---Besides the recovery of pistol was also doubtful as the alleged occurrence had taken place on 5th or 6th December 2020, while as per the alleged disclosure of the accused he after taking away the pistol threw the same in Naala, while the alleged recovery of pistol from Naala was effected on 16th December 2020 i.e. after lapse of almost 10-days---Thus, it did not appeal to the prudent mind that after throwing the pistol the same remained in the said Naala and was not seen or taken away by any third person and instead it remained safe in an open place after delay of 10-days---Even otherwise, if the accused persons were confessing their guilt, why they were not produced before the concerned Judicial Magistrate for recording their proper confessional statement as envisaged under S.164, Cr.P.C., thus the recovery of cash amount and the pistol were also not helpful to the case of prosecution---Circumstances established that the prosecution had failed to establish the charge against the accused persons beyond the shadow of reasonable doubts---Appeal against conviction was allowed, in circumstance.

Citation Name: 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Mir Agha vs State Ss — 2024 YLR 2204 QUETTA-HIGH-COURT-BALOCHISTAN

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