Law: Penal Code (XLV of 1860)

Section: 109,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,364

Law: Qanun-e-Shahadat (10 of 1984)

Section: 43,109

(a) Penal Code (XLV of 1860)---.--- ---.---Ss. 302(b)/109---.---Criminal Procedure Code (V of 1898), Ss.164 & 364---.---Qanun-e-Shahadat (10 of 1984), Arts.43 & 90---.---Qatl-e-amd---.---Appreciation of evidence---.---Confession---.---Counsel for accused had contended that as co-accused had been acquitted, accused could not be convicted on the same evidence---.---Contention was repelled as case of accused was not at par with co-accused as acquitted co-accused had not confessed her guilt before a competent court; while the accused had confessed his guilt---.---Confessional statement of accused was recorded within 24 hours of his arrest by competent Judicial Magistrate after observing all necessary codal formalities by putting all relevant and necessary questions to accused in accordance with High Court Rules and Orders and issuing requisite certificate in accordance with S.364, Cr.P.C.---.---Presumption of genuineness was attached to such certificate under Art.90 of Qanun-e-Shahadat, 1984---.---Such confessional statement of accused would be taken as proof against accused under Art.43 of Qanun-e-Shahadat, 1984---.---Nothing was available on record to show that confession was made by accused under pressure, coercion, duress or inducement, but same proved to be free, faithful and voluntary---.---Confessional statement was corroborated by medical evidence and recovery of weapon of offence---.---Prosecution version was supported by independent and impartial witness---.---Weapon of offence along with empty of .30 bore recovered from the spot was sent to Arms Expert and report of Arms Expert was positive---.---Charge of murder of deceased was proved beyond doubt against accused---.---Trial Court, in circumstances, was justified to convict accused and award the penalty of death to him---.---Conviction and sentence awarded to accused by the Trial Court, was maintained. 1989 SC (FSC 43; 2008 SCMR 336; 2010 SCMR 55; PLD 1976 Pesh. 135; 1992 SCMR 950; PLD 2006 SC 354; PLD 2005 SC 168; 2002 SCMR 1493; 1999 SCMR 1972; 1992 SCMR 1983; 2004 SCMR 477; 1995 SCMR 614 and PLD 1996 SC 1 ref. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S. 164---.---Qanun-e-Shahadat…

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