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---Qatl-i-amd, causing disappearance of evidence of offence, abetment, criminal conspiracy, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of dead body on disclosure of accused---Reliance---Accused were charged for committing murder of the brother of complainant and buried the dead body with the help of co-accused---Record showed that the appellant "W" led the police party to the place where the dead body was buried and when the place was confirmed, then on the request of Investigating Officer, the competent authority granted permission to disinter the dead body and deputed Judicial Magistrate who undertook the errand---Dead body was unearthed and the postmortem was conducted---Though some portion of the body was decomposed, yet rest of the body was perfect and identifiable---Legal heirs of the deceased identified the dead body and the Judicial Magistrate prepared a comprehensive report in that respect---From the place of the incident, blood stained earth was collected and also a portion from the blood stained garments of the deceased was taken into possession---Collected pieces were sent to the laboratory, and a report was received that the same belonged to a human---As the prosecution had no mala fide and the complainant was nourishing no grudge against the accused charged, the circumstantial evidence, more particularly, the recovery of the dead body on pointation of the appellant "W" could not be discarded---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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