Case Details

Citation(s)
2017 SLG 1472 2017 SLD 1472 2017 PLD 750
Lahore High Court
Criminal Appeal No. 34-J and Murder Reference No. 39 of2012, heard on 9th May, 2016. Heard on: 9th May, 2016.
AALIA NEELUM, JUSTICE, SYED SHAHBAZ ALI RIZVI, JUSTICE
Ms. Saiqa Javed for Appellant.Muhammad Jaffar, Deputy Prosecutor General along with Muhammad Safdar, S.I. for the State.

MUHAMMAD AFZAL --AppellantVSTHE STATE AND OTHERS --RespondentS

Law: Penal Code (XLV of 1860)

Section: 302(b),337-j,109

(a) Penal Code (XLV of 1860) ---.--- ---.--- -Ss. 302(b), 337-J & 109 ---.--- Qatl-i-amd, causing hurt by means of poison and abetment ---.--- Appreciation of evidence ---.--- Confessional statement of accused ---.--- Accused admitted that he committed murder of eight persons of his family ---.--- Accused pleaded guilty at the time of recording statement before the Magistrate ---.--- Accused again pleaded guilty at the time of framing charge ---.--- During the trial, accused further pleaded guilty ---.--- Accused had not denied the occurrence at any stage from the time of his arrest till his statement recorded under S.342 Cr.P.C. ---.--- Confessional statements recorded by accused person, proved to be voluntary and was not result of duress and any violence ---.--- Judicial Magistrate, had recorded the statements of accused person according to procedure laid down in the Cr.P.C. and no procedural irregularities could be found therein ---.--- Accused admitted the prosecution case, the mode and manner of the occurrence was duly proved by the prosecution ---.--- Conviction, on the basis of confessional statement, could be awarded to an accused, if the court was satisfied that the confessional statement was true and voluntary ---.--- Statements of prosecution witnesses also indicated that accused committed murder of eight persons of his family and he was caught red handed at the spot ---.--- Case of prosecution against accused was proved ---.--- Appeal against conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)-- ---.--- -Ss. 302 (b), 337-J & 109 ---.--- Qatl-i-amd, causing hurt by means of poison and abetment ---.--- Appreciation of evidence ---.--- Ocular account, corroborating medical evidence ---.--- Postmortem and medico-legal reports fully corroborated time of occurrence, nature of injuries, weapon of offence used in the occurrence and locale of injuries sustained by the deceased persons ---.--- Medical evidence was absolutely in line with the ocular account and as such had fully supported the case of prosecution ---.--- Appeal against conviction was dismissed accordingly. (c) Penal Code (XLV of 1860)- ---.--- -Ss. 302 (b), 337-J &…
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