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Qatl-i-amd, house trespass after preparation for hurt, - Lawyers of Pakistan

Qatl-i-amd, house trespass after preparation for hurt,

Citation Name : 2019 YLR 1208 PESHAWAR-HIGH-COURT
Side Appellant : MUHAMMAD JAVED
Side Opponent : State
Ss. 302(b), 452, 404 & 34---Qatl-i-amd, house trespass after preparation for hurt, assault or wrongful restraint, dishonest misappropriation of property possessed by deceased person at the time of death, common intention---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused was charged that he along with his brother and nephew committed the murder of three persons and injured a lady---Motive for the offence was stated to be the pressure of the accused along with other co-accused for a compromise with the deceased---In the present case, two witnesses including complainant had furnished ocular account---Testimony of both the eye-witnesses was consistent, confidence inspiring and trustworthy---defence had objected that FIR was registered after consultation and deliberation---Peculiar facts and circumstances of the case itself explained the delay---defence could not succeed to prove any consultation, deliberation and premeditation on the part of the complainant to falsely charge the accused in the case---Accused was residing in the same vicinity and was well known to the complainant and eye-witness---Accused was duly identified in the light of lantern which was taken into possession by the Investigating Officer during investigation---Medical evidence also supported the version of the complainant and there was no mentionable contradiction in the statement of the eye-witnesses, who were natural---Both the witnesses had established their presence at the spot at the time of occurrence---Ocular account furnished by the eye-witnesses was also corroborated through other circumstantial evidence, i.e. recoveries of blood stained articles and empties---Charge against the accused had been proved beyond any shadow of doubt, however, the motive could not be proved by prosecution through cogent and reliable evidence during trial---Such being mitigating circumstances, death sentence awarded to accused was altered to life imprisonment.


Citation Name : 2019 PCrLJ 457 PESHAWAR-HIGH-COURT
Side Appellant : Pir NOROZ ALI SHAH
Side Opponent : State
Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Pakistan Arms Ordinance (XX of 1965), S.13---Criminal Procedure Code (V of 1898), S. 164---Kidnapping for ransom, common intention, act of terrorism, possessing unlicensed arms---Appreciation of evidence---Judicial confession---Retracted---Scope---In the present case, accused was arrested on 2.11.2010 and made the confession on 12.11.2010, and had stated that absconding accused and co-accused de-boarded the abductee from his jeep; one co-accused was arrested on 11.11.2010 who made confession on 26.11.2010; yet another accused was arrested on 21.11.2010 and made confession on 8.12.2010 and both of them also repeated the same story---Despite the fact that abductee had identified the accused in court as well as in the identification parade, which was conducted on 23.12.2010, however, he did not utter a single word about the role of co-accused, who according to his confessional statement de-boarded him from his jeep at the time of his abduction---When the present accused before making confession remained in the custody of police for ten days; one co-accused for fifteen days and other co-accused for eighteen days, the Judicial Magistrate was duty bound to have provided sufficient time to the said accused persons before recording their confession---Certificate provided by the Judicial Magistrate along with the confessional statement of the accused showed that only thirty minutes were given to each accused for thinking before recording their confessional statement---When the accused had remained in the custody of police and at two occasions they were produced before the Magistrate who granted their further custody to the police, thirty minutes time to the accused for thinking before making confession did not appear to be sufficient time---Record was silent that earlier, when the accused were produced before the Judicial Magistrate, why further custody was given to the police and at that time the confession was not made---defence had produced some press clipping that co-accused had voluntarily surrendered before the police and had stated in press conference that he was compelled to surrender as their women folk were arrested by the police---Circumstances suggested that the confession of all the accused persons was not voluntary and true, resultantly the confessions of all the accused had no evidentiary/legal worth to be relied upon and accordingly excluded from consideration, particularly, when the accused persons had not only retracted the confessions at the trial but the same were also self -contradictory on material points.

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