Wajid Ali vs State Ss — 2025 YLR 413 PESHAWAR-HIGH-COURT

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Wajid Ali VS State Ss. 302(b), 201, 109, 120-B, 148 & 149---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing disappearance of evidence of offence, abetment, criminal conspiracy, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Confessional statement of accused, voluntary---Accused were charged for committing murder of the brother of complainant and buried the dead body with the help of co-accused---Appellant "W" was produced before the Court of competent jurisdiction and he opted to confess his guilt---As per law the questionnaire was prepared, the relevant questions were put to the appellant "W" and sufficient time was given to him to recompose himself---Record showed that 30-minute time was provided to the appellant "W" and that the Judicial Magistrate disclosed his identity to the appellant "W"---Every step was taken to remove the influence from the mind of the appellant ""W with an assurance that in case he refused to confess, he would not be handed over to the police related to the case---Judicial Magistrate took extra care and extra measures for his satisfaction and that of the appellant as well---Confessional statement of the appellant "W" was gone through where it was found that the appellant "W" narrated the events as they occurred and he also disclosed that it was on his pointation, the dead body was recovered---Accused "W"further disclosed that he also led the police party to the place where the pistol was thrown and to the place where the spade was disposed of---Coherence in events disclosed by the appellant "W" while confessing his guilt confirmed that the confessional statement was voluntary and true---Confessional statement of the appellant "W" lent support to the prosecution case and it had increased the authenticity of the circumstantial evidence, which came to surface on the pointation of the appellant "W"---Circumstances established that the prosecution had proved its case against the appellant "W" beyond any shadow of doubt, however due to mitigating circumstance, his death sentence was altered to imprisonment for life---Appeal against conviction was dismissed with modification in sentence, in circumstances.

Wajid Ali vs State Ss — 2025 YLR 413 PESHAWAR-HIGH-COURT

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