Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,174,265C,342,382B

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Criminal Procedure Code (V of 1898), S. 164---Appreciation of evidence---Retracted judicial confession---Scope---Accused was charged that he along with co-accused committed murder of the deceased---Record showed that accused in the confessional statement had not disclosed any clear motive which prompted them to commit the murder of the deceased---Accused had stated that after selling his property, the deceased had asked them to do business with the sale proceeds---When deceased was ready to do a joint business from the sale proceeds of a property, then what was the reason for killing him was a question which found no answer on record---Post-mortem report of the deceased revealed that he had only one injury on his head, while the accused in his confessional statement had stated that three injuries with the blows of axe were inflicted to the deceased---Accused had also stated in his confessional statement that Rs. 2,00,000 were taken out from the pocket of deceased by co-accused, out of which, Rs. 80,000 were paid to him---However, during course of investigation, said amount could not be recovered from any of the accused---Accused had stated that after the occurrence they went to the house of co-accused, who asked him to take the axe and thereafter the accused left for another city---Accused had not stated that prior to leaving for another city, he had visited his house and left the axe there---Entire facts disclosed by the accused in his confessional statement were contradictory to the evidence available on record---Accused was arrested in the instant case in injured condition and was got examined through medical officer and his medical report was available on the file---Judicial Magistrate/witness had stated that he was unaware as to whether the accused had any apparent injury on his body---Circumstances, the manner and mode the confession of the accused was recorded, which was subsequently retracted, must be supported by some connecting/corroborative evidence---Circumstances established that prosecution had failed to prove its charge against the accused beyond any shadow…

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