Hotak alias Sapak vs State Ss — 2025 MLD 139 QUETTA-HIGH-COURT-BALOCHISTAN

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Hotak alias Sapak VS State Ss. 302(b) & 324---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Confessional statement, recording of---Voluntary confession---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died whereas two other sustained firearm injuries---Judicial Magistratehad recorded the confessional statement of the accused on 04.08.2022, regarding committing murder of deceased "GB" in another case---Judicial Magistrate testified that on 04.08.2022, the accused was produced before him, whose handcuffs were removed and the levies personnel were turned out from the Court and the accused was warned that in case of refusal to record the confessional statement, he would not be handed over to the levies and that he was given half an hour for reflection, whereafter he was asked the questions incorporated in the performa of questionnaire---Judicial Magistrate further testified that after recording confessional statement of accused, he was sent to judicial custody---Accused in his confessional statement, besides, confessing the murder of the deceased "GB" also confessed that on 27.06.2022, while he was present in his house, levies force headed by deceased raided at his house at 9:00 am, and in order to save himself, he fired with TT pistol, whereby three levies personnel received firearm injuries due to his firing, and when levies officials started firing, he escaped from the spot---After meticulous recital of the testimony of Judicial Magistrate, it was found that the confessional statement of the accused had been recorded voluntarily without any promise, duress and coercion and it rang true as well, coinciding with the testimony of eye-witnesses revealing death of deceased due to the firing of the accused during raid---Circumstances established that the prosecution had successfully brought home the charge without any glimpse of doubt against the accused, however, due to mitigating circumstances, death sentence was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances.

Hotak alias Sapak vs State Ss — 2025 MLD 139 QUETTA-HIGH-COURT-BALOCHISTAN

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