Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), S. 164--- Qatl-i-amd---Appreciation of evidence---Sentence, reduction of---Mitigating circumstances---Judicial confession---Value---Prosecution case was that accused committed murder of the son of complainant by firearm---Complainant did not nominate any person in FIR for commission of offence and requested for investigation---Complainant implicated the accused and his father later on through supplementary statement---Record showed that accused made voluntary confession about the commission of offence---Only substantive piece of evidence with the prosecution was confessional statement of the accused, which showed that same was voluntary and according to the narration of the occurrence---Accused had disclosed such facts which otherwise were neither known to the complainant nor to the Investigating Officer that the deceased was keeping evil eyes on the sister of accused---Confessional statement in view of the disclosures of accused regarding family honour was to be believed being corroborated by recovery of pistol at his pointation and positive report of forensic expert---Record showed that confessional statement was recorded not only in accordance with Ss. 164/364, Cr.P.C. but also in accordance with the provisions of High Court (Lahore) Rules and Orders---Circumstances and facts had indicated that deceased first pulled out his pistol upon the accused and during scuffle, accused snatched it from him and whereafter the incident took place---Case for self defence in circumstances, was made out---Accused had exceeded the right of self-defence by firing two shots upon the deceased---Appeal was partly allowed, conviction of the accused was altered from S. 302(b) to S. 302(c) Penal Code, 1860 and as such his sentence was modified from death to fourteen years. (b) Confession--- ----Retracted confession--- Effect---Conviction could be based on retracted judicial confession provided same was true and voluntary and corroborated by some strong piece of independent evidence. (c) Confession--- ----Evidentiary value---If no other evidence was available except confession of accused, such…

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