Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)---- --------S. 302(a)----Conviction and sentence----Challenge to----Accused remained adamant, unreservedly to position taken by him on day one till conclusion of trial under shadow of his counsel and as his case did not fall in any of categories provided under Sections 306, 307 and 308, PPC, trial Judge rightly convicted and sentenced him under Section 302(a), PPC wherein only penalty provided is death----Judgment was announced and even during interregnum no step was taken by him to retract from admission made before Court; there is only an oblique reference in submissions trial Court suggesting appellant's plea as being involuntary, it was rather late in day and as such hardly sufficient to demolish prosecution case, firmly structured on plea taken and admission in support thereof under Section 342 of Cr.P.C.----Held: Statement of an accused recorded under Section 342,Cr.P.C. has to be accepted or rejected as a whole; his conviction is based upon plea of guilt under Section 265-E of Cr.P.C., 1898 which constituted proof within contemplation of Section 304(1)(A) of PPC, 1860----Appeal was dismissed. 2015 SCMR 423, PLD 2015 SC 77, ref. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Iftikhar Ali, 25, hereinafter referred to as the deceased, was found lying dead, in a pool of blood in a field adjacent to his house situated within the area of Shinka on 2-3-2011, at a distance of 6-k.m. from Police Station Hazru District Attock; dead body was spotted by his father Banaras Khan (PW-12) who reported the incident through statement (Ex.PF) recorded by Muhammad Nawaz, SI (PW-13) 3:00 a.m. at the spot. According to the complainant, during the fateful night, he was asleep inside his home with his family members when at about midnight time his wife informed him that deceased was not on his cot; as during the preceding evening, the deceased was in his Bhaitak along with his collateral Naeem and one Iqbal, he went to see him there, however, the Bhaitak was locked and when he returned near the gate, he saw the dead body. No one is nominated as accused in the crime report nor any motive is cited therefor. Autopsy…

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