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

Case information

Citation: 2025 YLR 215 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Osama vs State Ss
Subject matter: Criminal
Provisions referred to: S. 302; S. 201

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

Osama VS State Ss. 302(b) & 201---Qanun-e-Shahadat (10 of 1984), Arts. 39 & 40---Qatl-i-amd, causing evidence of an offense to disappear or giving false information---Appreciation of evidence---Disclosure made by the accused---Scope---Recoveries made on pointation of accused---Accused were charged for committing murder of the brother of complainant---Admittedly, before disclosure and recovery of the dead body neither the private witnesses nor any Levies Personel knew about the whereabouts of the deceased until his dead body was recovered on the disclosure and pointatione of appellant---Moreover, the place where the murder of deceased was committed was also not known to any one until the prosecution witnesses were led to the crime scene by appellant in consequence of his disclosure---Moreover, there was also no delay with regard to disclosure, recovery of dead body and crime articles secured through recovery memos respectively, giving no rise to any suspicion of manipulation---Disclosure and said recoveries in consequence thereof squared within the ambit of Art.40 of Qanun-e-Shahadat, 1984, making the recovery of dead body, recovery of crime articles and pointation of place of murder relevant and admissible, whereupon explicit reliance could be placed, holding the appellant guilty of the indictment---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 S.201, P.P.C, to suffer seven year's imprisonment.

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