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. 164; S. 364; Criminal Procedure Code (V of 1898)

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)---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused recorded after complying with all could formalities---Accused was charged for committing murder of the cousin of complainant by firing---Motive of incident was refusal of deceased to marry the accused---Confessional statement of the accused had been recorded by Judicial Magistrate on 04.08.2022---Judicial Magistrate produced forwarding letter, performa of the questionnaire, confessional statement of accused under S.164, Cr.P.C and certificate---Judicial Magistrate had adhered to the requisites for recording confessional statement as contemplated under S.364 of Cr.P.C and had followed the directions as enunciated in the High Court (Lahore) Rules and Orders---After critical analysis of the testimony of Judicial Magistrate, it was found that the confessional statement of the accused was recorded voluntarily without any promise, duress and coercion---After due scrutiny of the confessional statement of the accused, the same was found to be recorded not only voluntarily, but was true as well, which co-incided with the testimony of star witness and others, revealing murder of the deceased due to firearm on refusal to marry the accused in front of her house---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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