Hotak alias Sapak vs State S — 2025 YLR 295 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 295 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Hotak alias Sapak vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 161

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

Hotak alias Sapak VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of crime weapon on the disclosure of accused---Recovery witness not produced---Accused was charged for committing murder of the cousin of complainant by firing---Investigating Officer testified that on 26.07.2022, during interrogation, the accused made disclosure, whereof memo. of disclosure was prepared---Recovery witness of recovery memo,whereby copy of the statement of witnesses recorded under S.161, Cr.P.C, pertaining to the recovery of crime weapon i.e., Rifle 303 bore, was made on the pointation of accused from his house on 27.07.2022---Prosecution in order to establish the recovery had not produced the recovery witnesses---Moreso, neither statement of recovery witnesses had been produced in the present case nor they were produced before the Court to testify with regard to the recovery made by the accused from his house, thus the entire exercise by producing the copies of the said recovery was worthless, which could not be read as evidence, more particularly, when the crime weapon had not been produced in the present case---Circumstances established that the prosecution had proved the indictment against the accused, however the capital sentence was modified by reducing the same to that of life imprisonment---Appeal was dismissed with said modification in sentence, in circumstances.

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