Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 174,340(2),342,382B,544A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38,39,40

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Prosecution case was that accused and his co-accused persons murdered brother of the complainant by strangulation---Record showed that accused, before prosecution witness, had disclosed that all the accused persons were friends of the deceased and the accused persons made a plan to commit unnatural offence with the deceased---Accused persons took the deceased to the house of co-accused and made attempt to persuade him for unnatural offence, but deceased was reluctant and started shouting that he would inform the police---Co-accused committed his murder by strangulation---Accused got recovered motorcycle and pointed the place of occurrence and the place where accused persons threw the dead body of the deceased---Said disclosure of accused was recorded in presence of Police Official/witness, who had fully corroborated the same on all counts---Co-accused whilst narrating the story had stated about the conspiracy for calling the deceased in his house, persuading the deceased for unnatural offence and his shouting and reluctance, which ultimately resulted into his murder with handkerchief by him, while accused and other co-accused caught hold of the deceased---After committing his murder, they put the dead body in a sack and threw the same in the field---Disclosures of the accused persons brought new facts regarding motive behind the occurrence, i.e. attempt to commit unnatural offence with the deceased, which fact earlier was not known to anyone---In pursuance of disclosure, recovery of motorcycle and the mobile phone of the deceased was effected on the pointation of co-accused from his house---Recovery of trolley/handcart, sack and the handkerchief corroborated the contents of the disclosures---Accused persons had confessed that they had committed the murder by strangulation with handkerchief, while at the time of discovery of dead body, said handkerchief was found tightened on the neck of deceased and that fact was confirmed by Medical Officer---Discovery of new facts in the disclosures, which were not previously known to anyone followed by the…

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