Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Law: Criminal Procedure Code (V of 1898)

Section: 164,345(7)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), Ss. 164 345(7)---Qatl-i-amd, possession of unlicensed arms---Appreciation of evidence---Confessional statement of the accused---Scope---Waiver or compounding of offence---Scope---Accused was charged for committing murder of the daughter of complainant through axe blows---No eye-witness of the occurrence was on record, however, the accused had recorded his confessional statement before the competent court---Said statement was promptly recorded wherein the accused had narrated all the events of the occurrence in the manner which was corroborated by the circumstantial evidence---Accused had admitted that he had killed his wife with axe blows on seeing her in a compromising position with his friend---Confessional statement, being fully corroborated by evidence on record, could rightly be termed as true and voluntary confession---Prosecution, therefore, had established its case against the accused through confidence inspiring evidence beyond shadow of any reasonable doubt---Appeal was accepted on the basis of compromise by setting aside conviction and sentences recorded by the Trial Court and accused was acquitted accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 345(7)---Qatl-i-amd, possession of unlicensed arms---Appreciation of evidence---Grave and sudden provocation---Waiver or compounding of offence---Scope---Accused was charged for committing murder of the daughter of complainant through axe blows---Motive of the occurrence was stated to be illicit relation of deceased lady with someone and accused committed her murder under the pretext of honour---Scope---No ocular evidence being available on file and the accused had confessed his guilt then the contents of the confession were to be accepted as a whole---Motive narrated in the confessional statement of the accused, therefore, could not be disbelieved---Question arose that when a person killed his wife after having found her in compromising/unacceptable position with a…

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