Law: Penal Code (XLV of 1860)

Section: 302(b),201,34

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 201 34---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, common intention---Appreciation of evidence---Sentence, reduction in---Recovery of weapon of offence, crime empties and dead body---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Pistol and crime empty were not sent to Forensic Science Laboratory for matching, therefore, simple recovery of weapon and crime empty could not be considered as corroborative piece of evidence---However, the recovery of dead body of the deceased was strong corroborative evidence---Appeal was partly allowed and conviction of the accused was converted from S. 302(b), P.P.C. to S. 302(c), P.P.C. and his sentence was reduced from life imprisonment to fifteen years---Conviction and sentence of the other accused under S. 302(b), P.P.C. was set aside and he was convicted under S. 201, P.P.C. and sentenced to suffer rigorous imprisonment for five years. Muhammad Mansha v. The State 2018 SCMR 772 and Muhammad Sharif v. The State PLD 2009 SC 709 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 201 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, common intention---Appreciation of evidence---Sentence, reduction in---Confessional statement of accused persons---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Confessional statements of the accused persons recorded by the Judicial Magistrate---Record prepared by the Judicial Magistrate as well as his deposition proved conclusively that he took all precaution to ensure that confession was voluntarily---Accused besides admitting commission of the offence also stated about the motive---Evidence relating to confession did not reflect inducement, threat or promise and could not be kept out of consideration, merely on the ground that it was recorded after fifteen (15) days of arrest of the accused persons---Appeal was partly allowed and conviction of the accused was converted from S. 302(b),…

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