Law:

Section:

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 2(e)--Convictions based upon circumstantial evidence should be recorded with due care and caution. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 2(e)--Circumstantial evidence--Reliable evidence of having seen the victim alive with accused could form the basis of conviction if the accused was unable to give a satisfactory explanation of the disappearance of deceased from the point where he was last seen by dependable witness and the various links of the story establish an unbroken chain which leads to the inference of the guilt of the accused--Appeal dismissed. THIS JUDGMENT DELIVERED BY: SYED AFZAL HAIDER, J.- Appellants Muhammad Anwar and Sher Ghani through this criminal appeal have challenged the judgment dated 23.06.2005 delivered by Additional Sessions Judge, Khuzdar whereby they were convicted and sentenced as under:-- Conviction under Sentence: Section: (a) Under Section 365 of : Three years rigorous Pakistan Penal Cede imprisonment each with fine of Rs. 7,000/- each or in default to further suffer two months simple imprisonment each (b) Under Section 337-J : Five years rigorous of Pakistan Penal imprisonment each with fine of Code Rs. 10,000/- each or in default thereof to further undergo four months simple imprisonment each. (c) Under Section 396 of : Rigorous imprisonment for life Pakistan Penal Code each with fine of Rs. 1,00,000/- each or in default thereof to further undergo two years simple imprisonment each. Benefit of Section 382-B of the Code of Criminal Procedure was also extended to both the appellants. 2. Briefly the prosecution story is that complainant Gulan Khan PW.2 was a driver of Hino Truck bearing registration Number LS-7553 which vehicle belonged to one Haji Umer Khan. On 17.08.2002 he was present at Sher Shah Chorangi Karachi with his Hino Truck. At about 4.00 p.m. Zar Khan son of Umer Khan alongwith three other persons came there and told him that they had to transport onions belonging to these persons from Khuzdar to Karachi market. Zar Khan, who is also a driver, took the truck andproceeded towards Khuzdar alongwith the complainant and the said three persons. On the way…

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