Law: Penal Code (XLV of 1860)

Section: 302(b),324,311,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 311, 34---Qatl-i-amd, attempt to commit qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd and common intention---Appreciation of evidence---Accused was charged for committing murder of his wife/daughter of the complainant and also causing injuries to his paramour---Motive behind the occurrence was that the injured had developed illicit relations with the deceased--- Record showed that occurrence had taken place in the house of accused---Accused in his statement recorded under S.342, Cr.P.C., could not explain the murder of his wife, mere his denial was not sufficient---Evidence of injured, father of deceased, brother of injured was confidence inspiring---Statements of the said witnesses qua the date, time and manner of the occurrence were identical---Although said witnesses were cross-examined at length but nothing detrimental to the salient features of the prosecution was detected---Confession of the accused appeared to be true and voluntary---Delay of six days in recording the confessional statement of accused would not be sufficient to disbelieve it for the reasons that there was no evidence that it was obtained under duress or coercion---Judicial Magistrate recorded the confessional statement of accused after observing all the legal formalities and provided sufficient time to accused for reflection---Circumstances established that the prosecution had proved its case against the accused, however, due to mitigating circumstances, appeal was partly allowed and death sentence was reduced to imprisonment for life. Ghulam Mohy-ud-Din alias Haji Babu and others v. The State 2014 SCMR 1034 and Mst. Nazia Anwar v. The State and others 2018 SCMR 911 ref. (b) Criminal trial--- ----Judicial confession--- Retraction---Scope---Retracted confession could legally be taken into consideration against the maker---If the confession was found true and voluntary then there was no need at all to look for further corroboration. Muslim Shah v. The State PLD 2005 SC 168 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 311, 34---Qatl-i-amd, attempt to commit qatl-i-amd, tazir after waiver or…

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