Case Details

Citation(s)
2019 SLG 1798 2019 SLD 1798 2019 YLR 1903

Criminal Appeals Nos. 6, 7 and Murder Reference No. 3 of 2017, decision Dated: 15-11-2018. Hearing Dated: 08-11-2018.
ALI BAIG, JUSTICE
Petitioner(s) by: Jehanzeb Khan
Respondent(s) by: Dy. Advocate General

EHSANULLAH AND ANOTHER

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),427

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,265(C),340(2),342,364,410

Law: Anti Terrorism Act, 1997

Section: 6,7,21-H

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 427 & 34---Anti Terrorism Act (XXVII of 1997), Ss. 6 & 7---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention, act of terrorism---Appreciation of evidence---Confessional statement---Scope---Prosecution case was that some unknown terrorists murdered the deceased and his vehicle was found in damaged condition along with his dead body---Killing of the deceased was a result of "terrorism"---Record showed that senior police officer had recorded the confessional statement of accused persons---Said confessional statements of the accused persons transpired that the same were voluntary, which were corroborated by recovery of weapons of offence, autopsy report, report of arms expert and their extra judicial confessional statements---Senior police officer had appeared as witness, who recorded confessional statements of the accused after fulfilling codal and legal formalities, and his statement could not be shattered by defence in his cross-examination---Medico legal report of the deceased supported the prosecution version---Circumstances established that prosecution had succeeded to prove its case beyond any shadow of doubt against the accused and his co-accused, so far as the other co-accused was concerned, no overt act of effective firing was attributed to him by the prosecution witnesses in their statements and neither any weapon of offence nor any other incriminating material had been recovered from his possession nor on his pointation---Appeal against accused and co-accused was dismissed, in circumstances while other co-accused was acquitted by setting aside conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 427 & 34---Anti Terrorism Act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention, act of terrorism---Prosecution case was that some unknown terrorists murdered the deceased and his vehicle was found in damaged condition along with his dead body---Appreciation of evidence---Recovery of weapons of offence from accused…
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