Law:

Section:

JUDGMENT ASSADULLAH KHAN CHAMMKANI, J.- This common judgment shall govern the instant appeal filed by appellant Anas Khalil and connected Cr.A. No.411-P/2015, filed by appellant Aurangzeb, as both are arising out from one and the same judgment of the learned Trial Court/ Additional Sessions Judge-XI, Peshawar, dated 24.06.2015, whereby the appellants have been convicted and sentenced under section 365 PPC, to undergo 05 years rigorous imprisonment and to pay a fine of Rs.50,000/- each or in default thereof to undergo 06 months S.I. further. They have further been convicted and sentenced under section 412 PPC to undergo 08 years R.I. and to pay a fine of Rs.50,000/- or in default thereof to undergo 06 months S.I. further. The sentences have been directed to run concurrently and benefit of S.382-B Cr.P.C. has been extended to them. 2. According to report of complainant Ziarat Gul, his son Daud Shah who used to ply a motorcar No.5792-LEC as a taxi, on 26.09.2012, left his house in a motorcar and did not return home till 02.10.2012; that he tried to contact him on cell phone, but it was not responding, so he made report about his missing in shape of Daily Diary No.49 dated 02.10.2012, on the basis of which inquiry under section 156 (3) Cr.P.C. was underway when in the meantime, his dead body was found and recovered by the police in Chakwal. According to complainant one Ihsanullah told him about presence of his deceased son in Bazaar with Anas and Aurangzeb (appellants herein) on 26.09.2012 at 0715 hours and that the deceased told him about his visit to Chakwal with the appellants on a special trip. Later on, complainant recorded his statement under section 164 Cr.P.C., wherein he specifically charged the appellants for abduction of his son, snatching motorcar from him and committing his murder in District Chakwal. 3. The accused/appellants were arrested, tried by the learned Trial Court under sections 365 and 412 PPC only and ultimately convicted and sentenced as mentioned above, hence, these appeals. 4. Without dilating upon the merits of the case in light of the available evidence lest it may prejudice the case of either side, suffice it to say that trial in the…

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