| Citation(s) |
|---|
| 2012 SLG 1384 2012 SLD 1384 2012 SCMR 109 |
Supreme Court of Pakistan
Criminal Appeals Nos. 70 and 71 of 2005, decision dated:28-01-2011
MIAN SHAKIRULLAH, JAN, NASIR-UL-MULK AND MIAN SAQIB NISAR, JJ
Criminal Appeals Nos. 70 and 71 of 2005, decision dated:28-01-2011
MIAN SHAKIRULLAH, JAN, NASIR-UL-MULK AND MIAN SAQIB NISAR, JJ
MUSHTAQ and othersvsTHE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider only the quantum of sentences. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34---Qanun-e-Shahadat (10 of 1984), Art.43---Qatl-e-amd---Confession---Sentence, quantum of---On the basis of confessional statements made by all the three accused persons, they were sentenced to death but High Court converted sentence of one accused into imprisonment for life and maintained that of remaining two---Validity---Confessional statement of an accused could be made basis for his conviction for the crime while that of a co-accused could only be taken as circumstance against him but no conviction could be recorded upon it---Confessional statements of two accused could be used to corroborate the statement of third accused to the extent of facts admitted by the latter but not as regard the part denied by him---Confessional statement of an accused was to be accepted as a whole---As the accused did not admit to have killed the deceased, therefore, he could not be held responsible for killing on the confessional statements of co-accused---Supreme Court altered sentence of death awarded to accused into imprisonment for life---Appeal was allowed partly. (c) Penal Code (XLV of 1860)--- ----Ss. 302/34---Qanun-e-Shahadat (10 of 1984), Art.43---Qatl-e-amd---Confession--- Sentence, quantum of--- Motive--- On the basis of confessional statements made by all the three accused persons, they were sentenced to death but High Court converted sentence of one accused into imprisonment for life and maintained that of remaining two---Validity---Accused had immediate grievance against deceased for having been dismissed from service on the allegation of theft and was turned out of the house without payment of his salary---Accused admitted that he had decided to take his revenge after he was taunted by his aunt and he was motivated by revenge---Confessional statements of all the three accused, showed that the accused was mastermind of the plan and moving spirit behind it---Accused was the only one out of the three accused who in his confessional statement admitted…
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