| Citation(s) |
|---|
| 2010 SLG 867 2010 SLD 867 2010 PLJ 346 |
Quetta High Court
Crl. Appeal. No. 193/2004 & Crl. Rev. No. 51. 2004, decision Dated: 03.07.2008. Date of hearing: 29.05.2008.
AKHTAR ZAMAN MALGHANI, JUSTICE, AHMAD KHAN LASHARI, JUSTICE
Mr. Jaffar Raza Khan, Advocate for Appellant. Malik Sultan Mehmood, AAG for State. Mr. Amanullah Kanrani, Advocate for Complainant.
Crl. Appeal. No. 193/2004 & Crl. Rev. No. 51. 2004, decision Dated: 03.07.2008. Date of hearing: 29.05.2008.
AKHTAR ZAMAN MALGHANI, JUSTICE, AHMAD KHAN LASHARI, JUSTICE
Mr. Jaffar Raza Khan, Advocate for Appellant. Malik Sultan Mehmood, AAG for State. Mr. Amanullah Kanrani, Advocate for Complainant.
DALEEL KHAN AND OTHERS
VS
SESSIONS JUDGE KALAT DIVISION AND OTHERS
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Conviction and sentence--Challenge to--Committing murder on account of "Siakari"--Validity--Plea of alibi--Held: Absence of post-mortem report--When violent death of deceased has been proved through other evidence beyond any doubt, then mere fact that no post-mortem was conducted has no material or legal consequences--Mere delay in recording of confessional statement is not itself sufficient to discard such confessional statement, if it is otherwise found to be voluntary and truthful--Where a part of confessional statement is found to be false, the court can rely upon the remaining confessional statement which found corroboration from other evidence--Specific plea of alibi taken by appellants, burden was shifted to them to prove such plea, but they were not ready to support such plea by their own statements--Appeal dismissed. 1998 SCMR 1778 & 2001 SCMR 505, Rel. THIS JUDGMENT DELIVERED BY: AKHTAR ZAMAN MALGHANI, JUSITCE:---.---- - By this common judgment, we intend to dispose of Cr. A. No. 193 of 2004 and Criminal Revision Petition No.51 of 2004 directed against the same and common judgment dated 16th June, 2004, whereby; appellants Daleel Khan and Ghulam Rasool were found guilty under Section 302 (c) P.P.C and sentenced to twenty-five years R.I. They were also directed to pay Rs.50,000/- each as compensation to legal heirs of both the deceased as required under Section 544-A Cr.P.C or in default thereof to further undergo six months S.I. The mother of deceased Abdul Khaliq also filed revision petition for enhancement of sentence. 2. Briefly stated, facts of the case are that on 9th April, 2001 a case under Sections 302, 109, 34 P.P.C was registered in Levies Station, Mastung on the report of Khalil, Hawaldar Levies, wherein; it was stated that during his duty at Lakpass one woman informed about murder of a man and woman, on account of `Siakari' by Mubarak, Habibullah, Daleel and Abdul Rasool. After registration of case, investigation was carried out by PW-15 Naseer Ahmed the then Tehsildar, who inspected the place of occurrence situated in Ghanja Dhori, where he found dead bodies of Mst. Sabra and…
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