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---Last seen evidence---Scope---Accused were charged for committing murder of the brother of complainant---Complainant testified that on 22.09.2022 at 08:30 pm, while he was sitting along with his brothers and nephew in their shop, appellants and proclaimed offender came there and invited the deceased for dinner and promised to pay the loan of Rs.150,000/-, who went with them, but when he did not return home till morning and his phone number was also found switched off, they went to the Levies Station and reported the matter with nomination of the appellants---Appellant on his arrest disclosed the commission of murder and got recovered the dead body of deceased---Other two witnesses also reiterated and affirmed the testimony of the complainant---All the three witnesses were cross-examined, but the defence failed to extract any favorable reply from them, demonstrating that their statements had gone unshaken---Last seen was a weak type of evidence, but if such evidence was found in line with the other pieces of evidence, making a chain of events which led to the culprits, then not only it had relevance, but could be considered as a material evidence, having worth of credence---In the instant case, the prosecution had met the conditions and criteria of last seen evidence so furnished by complainant and other two witnesses, thus, last seen evidence was worthy of reliance because unbroken chain of circumstances from the stage of last seen till recovery of dead body of deceased and corroborated by other circumstantial evidence, led to the guilt of the appellants---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 sentence under S.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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