| Citation(s) |
|---|
| 2002 SLG 2327 2002 SLD 2327 2002 PLD 768 |
Supreme Court of Pakistan
APPEAL NO. 368 and 369 of 2001, decision dated: 10-04-2002.
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND TANVIR AHMED KHAN, JJ
Muhammad Zaman Bhatti; Advocate Supreme Court for Appellant (in both the Cases). Ch.Ghulam Ahmed, Advocate Supreme Court for the State.
APPEAL NO. 368 and 369 of 2001, decision dated: 10-04-2002.
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND TANVIR AHMED KHAN, JJ
Muhammad Zaman Bhatti; Advocate Supreme Court for Appellant (in both the Cases). Ch.Ghulam Ahmed, Advocate Supreme Court for the State.
ERIK MASIH AND another
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------S. 302/34---Criminal Procedure Code (V of 1898), S.156---Investigation by Crimes Investigation Agency---Accused raised the plea that the police official from Crimes Investigation Agency was not competent to investigate the case, hence the investigation was without lawful authority ---Validity--No question in this respect was put to the investigating officer at the trial regarding his competency in the matter---No prejudice whatsoever had been caused to the accused as they were given fair opportunity by the Trial Court after framing of charge---Plea raised by the accused was repelled by Supreme Court. State through Advocate-General, Sindh v. Bashir and others PLD 1997 SC 408; The State v. Muhammad Hussain PLD 1968 SC 265 and Mehr Khan v. The State 1968 PCr.LJ 363 ref. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), S.164---Reappraisal of evidence---Judicial confession---Murder of four persons---Allegation of illicit relations with wife of one of the deceased ---Accused persons confessed their guilt before the Judicial Magistrate---Trial Court, on the basis of the judical confession, awarded death sentence to both the accused persons which was maintained by High Court ---Validity---Judicial confessions were recorded without any duress or coercion in the free atmosphere---Recovery of incriminating weapons and clothes of the deceased were also taken into consideration by the Trial Court as well as by High Court---All such links had fully implicated the accused persons in the commission of the callous and heinous offence wherein the male accused had developed illicit relations with the female co-accused had done to death his four near ones to have a clean go in the accomplishment of his nefarious designs---Motive had been established on record by the prosecution---Male accused in his confession had exonerated the female accused from direct involvement in the murder of the deceased persons---Supreme Court, maintained the death sentence of the male accused while that of the female accused was altered to life imprisonment---Appeal was disposed of accordingly. JUDGMENT TANVIR AHMED KHAN, J.--These…
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