Case Details

Citation(s)
2010 SLG 2764 2010 SLD 2764 2010 SCMR 1029
Supreme Court of Pakistan
Criminal Appeal No.146 of 2009, decision dated: 17-02-2010
MIAN SHAKIRULLAH, JAN, ANWAR ZAHEER, JAMALI AND RAHMAT HUSSAIN, JAFFERI, JJ

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KHAN MUHAMMAD and another

VS

. THE STATE

Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302(b) & 201---Qatl-e-amd, causing disappearance of evidence of murder---Appraisal of evidence--Father of complainant was missing and untraceable---Complainant did not know the accused prior to occurrence and he had lodged the F.I.R. after three months after arrest of one accused simply on suspicion---On pointation of one accused two months old dead body of a trials person was recovered from an abandoned house, which was not in identifiable condition---No one from the family of the deceased or his friends had been examined to depose that how and when he had seen and identified the discovered dead body as of father of the complainant---Neither any mark of injury was found on the dead body, nor the cause of death could be ascertained by the Doctor whether it was a case of unnatural death or otherwise--No postmortem of the dead body was conducted---Statement of co-accused recorded under S.164, Cr.P.C. was not voluntary and to a greater extent was exculpatory and hearsay---Accused were acquitted of the charge under S.302(b), P.P.C. in circumstances---Accused who had got recovered the dead body was proved on record to have concealed its secret burial inside an abandoned house and he was convicted under S.201, P.P.C. and sentenced to seven years' R.I. with fine accordingly. M. Zaman Bhatti, Advocate Supreme Court for Appellants. Raja Abdul Ghafoor, Advocate Supreme Court for the State. Date of hearing: 17th February, 2010. JUDGMENT ANWAR ZAHEER JAMALI, J.--- This Criminal Appeal, with the leave of the Court, is directed against the judgment of a learned Division Bench of High Court of Balochistan, Sibi Bench, dated 12-4-2006, passed in Criminal Appeal No.(S)32 of 2005 whereby the said appeal was dismissed, while the murder reference No.23 of 2005, made by the trial Court for confirmation of death sentence awarded to both the appellants in Sessions Case No.8 of 2002, vide its judgment dated 8-10-2005, was confirmed. 2. As per prosecution case, on 28-2-2000, at 1100 hours, complainant Muhammad Azam son of Saleh Muhammad caste Mengal, lodged F.I.R. No.5 of 2000, Police Station Levies Thana Sanni, District Bolan, stating therein…
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