Law:

Section:

(a) Confession---Maker admitting being one of five who cons­pired to kill deceased, being present at the murder but not taking an actual part in killing, being present at burial of dead body ("I sat and saw it"), further admitting taking away articles of deceased and burying them in his field-Confession, held, incri­minates maker and statement not exculpatory. Where the accused in his confession clearly admitted that he was one of the five persons who had conspired to kill the deceased and that he had accompanied the others voluntarily to accomplish their object, further that he took away the property, of the deceased and buried ft in his field. n the defence plea that this was not a confession, because it did not incriminate the maker and that no injuries were shown in this statement to have been caused to the deceased by the maker thereof, that he was shown as having only sat and watched whilst the other four accused were said to have buried the body. Held, that the statement clearly incriminated the maker and reading the confession as a whole, it was by no means an excul­patory statement which, if true, would negative the offence alleged to be committed; the facts admitted by the accused clearly con­stitute the offence with which he was charged. (b) Confession-Whether voluntary-Test-Confessing accus­ed shown to have been arrested on 16th May 1951 and making a confession next day, while he could have been arrested on 9th May----Voluntary nature doubtful. JUDGMENT MUHAMMAD JAN, J.------Muhammad Sadiq, aged about 16 years, his brother Malik aged about 25 years, their nephews Muhammada aged about 18 years and Bashir aged about 16 years, and their servant Hakam aged about 23 years, were tried on charges under section 148, 302 and 201 read with section 149, P. P. C. Sadiq, Malik and Muhammada were convicted under section 302, P. P. C. and sentenced to transportation for life. They were also convicted under section 201 and sentenced to four years' rigorous imprisonment each. The sentences were order to run concurrently. Hakam and Bashir were acquitted. The convicts have appealed. The prosecution case is that Allah Ditta, barber, aged about 28 years, was a friend of…

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