Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 40

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Application for enhancement of sentence by complainant---Murder was unseen not directly witnessed by any of the witnesses---Entire case of prosecution rested upon circumstantial evidence, as the crime had taken place within the boundary walls of the office of the deceased at the time when all the other shops/offices were closed---Prosecution had produced circumstantial evidence in the shape of extra judicial confession coupled with the recovery of crime weapon---Matching of crime empties, had further strengthened the case of prosecution---Extra judicial confession had been recorded by accused voluntarily---Prosecution through solid circumstantial evidence had established the charge against accused---Motive had been established---Crime being unseen and there being no single witness who had directly witnessed the crime, would be mitigating circumstance---Trial Court was justified by sentencing accused to imprisonment for life---Complainant having failed to establish case for enhancement of sentence, revision petition filed by the complainant for enhancement of sentence, was dismissed, in the circumstances. Muhammad Amjad v. The State PLD 2003 SC 704 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd---Conviction on the sole basis of extra judicial confession---For awarding conviction on the basis of extra judicial confession, three-fold proof was required i.e. firstly, it was in fact made; secondly; that it was voluntarily made; and thirdly, it was truly made---Judicial or extra judicial confession could be made sole basis for conviction of an accused, if the court was satisfied and had believed that it was true and voluntary and was not obtained by torture, coercion or inducement. The State v. Minhun alias Gul Hassan PLD 1964 SC 813 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 40---Admissibility of information conveyed by accused---If any incriminatory material related to the case was recovered, or any fact was discovered in consequence of the information conveyed by accused, then the information so received…

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