Law:

Section:

Confession---- Extra judicial-Committing Magistrate and Sessions Court making no reference to it in their examination of accused-Confession may either be ignored by appellate Court or case may be remanded for re-trial from stage of defective examination of accused. Where neither the Committing Magistrate nor the Court of Session made any reference to the extra-judicial confession in their examination of the appellant: Held, that the appellate Court may ignore the incriminating circumstance which the accused was not given the opportunity to explain in the Committing Court or in the Court of Session; or, it may remand the case for re-trial from the stage of the defective examination of the accused. The confession was a very important circumstance appearing in evidence against the appellant and it was the duty of the committing Magistrate and more particularly of the Sessions Court to question the appellant about it in order to enable him to give any explanation that he might have hade for it. JUDGMENT MUHAMMAD JAN, J.---Muhammad Hayat, son of Nur Muhammad, aged about 25 years, of village Dhokri, 7ahsil Khushab, District Shahpur has been convicted under section 302, 'Pakistan P. C. and sentenced to transportation for life. He has appealed through Mr. Jafri, The occurrence took place on 1st June 1951 at namazwela and the report was made by the victim of the crime, namely; Allah Yar, son of Yar Muhammad, aged 25 years, resident of Dhokri, at Police Station Gunjial on 4th June 1951 at p.m. He died in the hospital on 23rd June 1951 and the report made by him relating to the cause of his death is evidence in the case under section 32, Evidence Act. The gist of the report is that; on 1st June 1951; Allah Yar had gone early in the morning with his mother Mst. Bhagbhari for diverting the rain water to his land Situated at tire foot of the hills in the area of Malyari. The land belonging to the appellant, Muhammad Hayat, is situated below the land of Allah Yar, and Muhammad Hayat had already diverted the water to his own land. Allah Yar told him that it was his turn to take the water and proceeded to divert the water to his own field. As he was doing so, the appellant…

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