Law:

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ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- The petitioners have invoked the jurisdiction of this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 against the dated 20.03.2018 passed by learned single bench of High Court of Balochistan, Sibi Bench at Quetta in Criminal Jail Appeal No.18/2015 with a prayer to set-aside the conviction awarded to the petitioners in the interest of safe administration of criminal justice. 2. The petitioners were allegedly saddled with the responsibility of the murder of Muhammad Judial son of the complainant while committing his murder by means of throttling, asphyxia, respiratory arrest against motive to take away motorcycle of the deceased. The petitioner called him on the eve of Eid, mixed some intoxication in the soft drink, then took him to Saim Shakh where he was murdered and dead body was thrown into Saim Shakh. On the statement of the father of the deceased namely Abdul Wahid, a case bearing FIR No.28/2014 dated 15.05.2014 offence under section 302/34, P.P.C. registered with Police Station Shaheed Malik Muhammad Ali, District Jafarabad. During course of investigation carried out by the local police, the petitioners were found involved in the crime alleged against their consequently their names were placed in column No.03 of the report under section 173, Cr.P.C. The challan of the case was sent to the court of learned Illaqa Magistrate where the matter was referred to the court of learned Sessions Judge in terms of section 190(2), Cr.P.C. On receipt of the challan under section 173, Cr.P.C., the learned trial court framed charge which was read-over to the petitioners to which they pleaded not guilty hence claimed trial. The prosecution in order to establish the prosecution case led evidence of seven (07) prosecution witnesses. After conclusion of the prosecution evidence, the accused persons were examined under section 342, Cr.P.C. Accused persons however denied to appear on oath under section 340(2), Cr.P.C., they even opted not to produce any defence. Learned trial court after conclusion of the trial, found the accusation against the petitioners proved while holding them guilty under…

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