Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.164---Retracted confession---Scope---If a retracted confessional statement was found true, confidence-inspiring and voluntary, there remained no need at all to look into for further corroboration---Such confession could safely be made basis of capital punishment. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 306, 308 & 311---Qatl-e-amd, qatl-e-amd not liable to qisas, tazir after waiver or compounding of right of qisas in qatl-e-amd---Appreciation of evidence---Retracted judicial confession not only appeared to be true, voluntary and confidence-inspiring, but also found corroboration from the circumstantial evidence---Accused allegedly had committed murder of his wife and his son---Trial Court had awarded death penalty to accused under S.302(b), P.P.C. as tazir on two counts, firstly, on account of murder of his son and secondly for murder of his wife---Another son who was just 6-1/2 months of age, after death of his mother had no wali, besides his father/accused---Qatl-e-amd was not liable to qisas when offender had caused the death of his child or grandchild, how lowsoever---Section 308, P.P.C., which detailed the punishment in cases where qatl-e-amd was not liable to qisas, provided that an offender guilty of qatl-e-amd was not liable to qisas under S.306, P.P.C., he would be liable to diyat---Trial Court, in circumstances was not justified in sentencing accused to death without the application of S.311, P.P.C., whereunder death sentence could not have been awarded to accused for causing the death of his son without charging him on account of fasad fil arz---Accused, after the murder of his son, could not be given the benefit of S.306(c), P.P.C., which provided that qatl-e-amd was not liable to qisas, when any wali of the victim was a direct descendant howsoever of the offender---Since in the present case, no descendant of the offender who could be wali of the deceased, death sentence awarded to accused on account of committing qatl-e-amd of his wife, in absence of any issue as tazir, did not require interference---Accused had contended that he was suffering from mental ailment at the time when he…

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