Osama vs State Ss — 2025 YLR 215 QUETTA-HIGH-COURT-BALOCHISTAN

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Osama VS State Ss. 302(b) & 201---Qatl-i-amd, causing evidence of an offence to disappear or giving false information---Appreciation of evidence---Recovery of dead body and blood stained articles---Reliance---Accused were charged for committing murder of the brother of complainant---Adverting to the recovery of dead body and blood stained articles on the pointation of appellant, the testimony of recovery witness was crucial---Said witness was witness to the recovery of dead body of deceased, which was lying in a ditch, and was recovered on the pointation of appellant in consequence of disclosure made on 23.09.2020 regarding committing murder of the deceased with a pistol, which was secured through recovery memo---According to said witness, after committing murder of the deceased accused along with co-culprit in order to dispose of the body, tied the hand of deceased with the chaddar and threw it into the ditch---Said witness further deposed that on the same day, Levies Officials secured blood stained soil, stone, an empty of T.T Pistol as well as a bullet lead coupled with chaddar stained with blood through recovery memo. from the crime scene---Recovery witness identified his signature on both the recovery memos---Despite questioning said witness from various angles, he remained firm and consistent to his deposition---Bloodstained articles were found to be of human blood, whereof positive Forensic Science Laboratory Report was produced---Appeal against conviction filed by accused "O" was dismissed, in circumstances---Whereas, the appeal filed by appellant "L" was partially allowed and consequently his conviction and sentence recorded under S.302(b), P.P.C, was set aside and instead he was convicted and sentenced under Section 201 P.P.C to suffer seven year's imprisonment.

Osama vs State Ss — 2025 YLR 215 QUETTA-HIGH-COURT-BALOCHISTAN

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