Law:

Section:

Approver--- Forfeiting pardon---Trial of-Statement before Committing Magistrate may be treated as a retracted confession---­Conviction on basis of such confession-Corroboration. The statement made before the Committing Magistrate by an approver who has resiled from such statement in the Sessions Court and has thus forfeited his pardon, may be treated as a retracted confession at his trial, and conviction may folio N on such confession alone without corroboration. In this case, however, there was ample corroboration. Ram Nath v. Emperor A I R 1928 Lah. 320; Mst. Aziz Begum v. Emperor A I R 1937 Lah. 689 and Paran v. Emperor A I R 1938 Lah. 135 ref. JUDGMENT MUHAMMAD JAN, J.---Mst. Hussain Fatima aged about 25 years, has been convicted under section 302 read with section 34, Pakistan Penal Code, and sentenced to transportation for life. She has appealed through jail. She was accused of having conspired with four persons, namely, Sadiq, Fazal, Bahar Shah and Diwan Shah to kill her husband Walayat and, in pursuance of the conspiracy, of having had him killed by being thrown into a well on the 5th April 1951. She was tendered pardon by the Additional District Magistrate, Rawalpindi, on the 11th April 1951, vide Ex. P. E/1. She accepted the pardon, vide Ex. P. E/4. The Additional District Magistrate then directed, by order Ex. P. E/5 that her statement as an approver should be recorded by Mr. Sher Babadur Khan, Magistrate 1st Class, Rawalpindi, and he recorded her statement, Ex. P. E. on the same day in that statement she said that her father died when she was only four years old and her mother remarried. She lived in the house of Jumma Shah, son of her uncle. Bahar Shah, for four or five years and then with her aunt, Mst. Bib! Jan, for about a year. Then she took up residence with her cousin, Diwan Shah, who said that he would marry her to his son but wished to have sexual relations with her himself. She left his house and went to another cousin and from there she went on to the house of her mother. Diwan Shah went there to bring her back but she refused to go with him and returned to the house of her aunt, Mst. Bibi Jan, in Dhok Muzammil. After about a month and a…

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