Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Appreciation of evidence---Eye-witnesses were natural witnesses of the occurrence---Ocular evidence was confirmed by medical evidence, recovery of blood-stained leg of the cot from the place of incident and the motive---Judicial confession of main accused regarding presence of his co-accused at the time of occurrence could be used as a supporting evidence against him---Defence evidence did not affect the prosecution evidence, rather it confirmed the ocular testimony to the extent of its main pact relating to time and place of incident and the-- injuries caused to the deceased by the main accused using leg of the cot---Omission of not showing the said leg of the cot to the accused while recording his statement under S.342. Cr.P.C. was not of much significance---Conviction of accused was confirmed in circumstances---Mitigating circumstance in favour of main accused was available on record in the shape of evidence showing his involvement in crime on account of family honour---Sentence of death of the accused was reduced to imprisonment for life in consequence--­Sentence of co-accused was maintained--- Appeal was disposed of accordingly. Rama Shankar Singh v. State of West Bengal AIR 1962 SC 1239 and Medical Jurisprudence by Modi, 13th Edn., pp.226, 227 ref. (b) Penal Code (XLV of 1860)--- ----S. 304---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Proof of Qatl-i-Amd liable to Qisas---Section 304, P.P.C. does not affect the provisions of Ss. 164 & 364, Cr.P.C.---Punishment of Qisas can be based on true and voluntary confession of the offence only before the Court competent to try the same, whereas confession before the Magistrate is to be proved before the Trial Court and that itself cannot become the proof required for awarding the punishment of Qisas. JUDGMENT MUHAMMAD SADIQ LAGHARI, J.--Muhammad Azam and Ghous Bux appellants were tried by the learned Additional Sessions Judge, Gambat for murder of Raza Muhammad Sarohi and convicted under sections 302/34, P.P.C. vide judgment dated 27-5-1999. Muhammad Azam was awarded death penalty when Ghous Bux was sentenced to imprisonment for life and…

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