Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302(b)--- Qatl-e-amd--- Reappraisal of evidence--- Prosecution failing to prove its case---Accused admitting to killing the deceased---Conviction awarded on sole basis of such admission---Legality---Both courts below had rejected version of prosecution in its entirety and then proceeded to convict and sentence the accused on the sole basis of his statement recorded under S.342, Cr.P.C., wherein he had advanced a plea of grave and sudden provocation---Prosecution had failed to prove its case against accused beyond reasonable doubt, therefore, he should have been acquitted, even if he had taken a plea and admitted to killing the deceased---Appeal was allowed, convictions and sentences recorded and upheld by courts below were set aside and accused was acquitted of the charge. Waqar Ahmed v. Shaukat Ali and others 2006 SCMR 1139 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd, conviction for---Scope---Prosecution failing to prove its case against accused---Accused admitting to killing of deceased---Effect---Accused person was to be acquitted in such circumstances even if he had taken a plea and had thereby admitted killing the deceased. Waqar Ahmed v. Shaukat Ali and others 2006 SCMR 1139 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of accused under S.342, Cr.P.C.---Exculpatory and inculpatory part of such statement, reliance on---Scope---Statement of an accused recorded under S.342, Cr.P.C. was to be accepted or rejected in its entirety and where the prosecution's evidence was found to be reliable and the exculpatory part of such statement was established to be false and excluded from consideration, then the inculpatory part of such statement might be read in support of prosecution's evidence. Sultan Khan v. Sher Khan and others PLD 1991 SC 520; Muhammad Tashfeen and others v. The State and others 2006 SCMR 577 and Faqir Muhammad and another v. The State PLD 2011 SC 796 rel. ORDER ASIF SAEED KHAN KHOSA, J.---Azhar Iqbal appellant was tried in case F.I.R. No. 289 registered at Police Station Saddar Kharian, District Gujrat on 30-5-2005 in respect of an offence under section 302, P.P.C. read…

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