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

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Osama VS State Ss. 302(b) & 201---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing evidence of an offense to disappear or giving false information---Appreciation of evidence---Confessional statement of the accused---Reliance---Scope---Accused were charged for committing murder of the brother of complainant---Appellant got recorded his inculpatory confessional statement before Judicial Magistrate, who testified to have complied with all codal formalities required for recording a voluntary and true confession---Judicial Magistrate produced sealed envelope, confessional statement of appellant and the relevant certificate---Testimony of Judicial Magistrate could not be discredited by the defence despite questioning him regarding the mode and procedure and the statement recorded due to undue pressure---Appellant confessed that he along with other appellant and his brother went to deceased---Accused further confessed that as he parked his motorcycle, other accused made fires at deceased on his head, whereby he died on the spot, upon which he asked other accused as to why he did so; whereon other accused aimed pistol at him and threatened him of dire consequence, thus, he kept mum, whereafter other accused took out money and pistol from the pocket of deceased and told him to help him in disposing of the dead body, whereafter accused tied the hands of deceased with a chaddar, and both of them dragged the dead body and threw it into the ditch---While confessing, accused also revealed that other accused gave him motorcycle of the deceased to sell, which he sold out for Rs. 20,000/- and returned back, whereafter he was arrested by the Levies Officials---In view of the statement recorded by Judicial Magistrate, the confessional statement seemed to have been recorded in accordance with law, which was not only voluntary, but true as well, which was evident from the fact that confessional statement coincided with the disclosure, recovery of the bloodstained articles, recovery of dead body and place of occurrence, substantially proving the guilt of the appellants---Confessional statement in hand not only incriminated appellant, but by all means involved other appellant under Art.43 of Qanun-e-Shahadat, 1984, as a circumstantial evidence---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.

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

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