Case Details

Citation(s)
2001 SLG 1287 2001 SLD 1287 2001 PCRLJ 1968
Lahore High Court
Criminal Appeal No.100 and Murder Reference No.259 of 1996, decided on 5th July, 2001.
RIAZ KAYANI AND BASHIR A. MUJAHID, JJ
Muhammad Afzaal Siddiqui for Appellants. Abdur Rashid Noman for A. G. for the State.

KHALID JAVED and others--Appellants

VS

THE STATE --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 161,164

Law: Penal Code (XLV of 1860)

Section: 302(b)/34

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

Section: 41

(a) Criminal Procedure Code (V of 1898)     S. 161 First Information Report Evidentiary value o supplementary statement Where supplementary statement of complainant was brought on record by the defence and not by the complainant, same could be read and considered alongwith the First Information Report.   (b) Penal Code (XLV of 1860)     S. 302(b) Appreciation of evidence Criminal Procedure Code (V of 1898), S.164 Confessional statement Prosecution evidence could not be discarded for the reason that the accused were not nominated in the F.I.R. as F.I.R. was not a substantive piece of evidence and its basic purpose was to set the law in motion Giving the contents of the F.I.R. in the inquest report and attaching the supplementary statement of the complainant with the same was not illegal Ocular account of occurrence had been corroborated by medical evidence, independent and trustful Wajtakkar evidence and the recoveries of weapons of offence and other incriminating articles at the instance of accused attested by independent and impartial witnesses ¬Accused had admitted their presence at the spot in their statements under S.342, Cr.P.C. and the plea taken by them in their defence had itself supported the prosecution version Confessional statement of one of the accused recorded by the Magistrate under S.164, Cr.P.C. after observing all the legal formalities had corroborated the total prosecution case which contained all the details and the manner in which both the accused had murdered the deceased lady Conviction and sentence of death of each accused were confirmed in circumstances.    (c) Penal Code (XLV of 1860)     S. 302(b)/34 Qanun e Shahadat (10 of 1984), Art.41 Criminal Procedure Code (V of 1898), S.164 Appreciation of evidence ¬Confessional statement Principles Confessional statement, even if subsequently retracted, can be made a basis for conviction if found genuine and corroborated by other evidence.   Muhammad Afzaal Siddiqui for Appellants.   Abdur Rashid Noman for A. G. for the State.   Naveed Anwar Naveed (complainant as an Advocate) in Person.   hearing date: 4th July,…
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