Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-i-amd--Extra-judicial confession--At time of arrest, accused persons were in possession of firearm/weapons used in commission of said offence, so much so that in order to avoid their arrest, they made every effort including firing upon Levies and endeavour of escape from crime scene--In consequence thereof, Levie authorities in response to deter culprits, had to make firing upon culprits; consequently, culprits were arrested where encounter took place--crime was committed by accused in broad day light, in presence of eye-witnesses and they were arrested almost red handed--epositions of PWs further strengthen version of prosecution that complainant at earliest possible moment called Levies rather mobile phone call was made by complainant to Levies while crime was being committed--Levies being in close proximity to crime scene almost instantaneously reached there and upon pointation of complainant, accused who were fleeing were chased by Levies and accused to ensure their escape fired upon Levies--Levies succeeded to arrest accused within short distance from venue--Levies arrested accused and then registered case of complainant--recoveries of T.T. pistol and 9.M pistol realized in consequence of disclosure of accused and disclosure of accused respectively--extrajudicial confession of accused persons to extent of these recoveries fall within parameter of admissibility--Firstly there should be an information or statement of accused whether it may be confession or otherwise and that too when he was in police custody and secondly on basis of such information or statement a fact is discovered--If there is no statement of accused or information given to Police, which is an essential requirement of Article, then subsequent discovery would become inconsequential--Further such information either oral or recorded by police is required to be proved by prosecution through evidence--Chain of events as recorded by prosecution through its witnesses is flawless and natural, leaving no place of doubt--Judgment of trial Court is well-reasoned and does not need any…

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