| 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.
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 &…