Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 337-A(ii), 37-A(iv), 337-F(iv) & 337-L(2)---Criminal Procedure Code (V of 1898), S.364---Hurts `Shajjah' Ghayr­jafiah etc. caused---Accused had been convicted and sentenced by trial Court on his confessional statement made during trial---Validity---While the trial in the case was proceeding transparently accused abruptly of his own got recorded his confessional statement admitting his guilt and signed the same---Trial Court thereafter recorded memorandum of inquiry putting four questions to accused, which he replied in affirmative categorically stating that he had made confession without any coercion---At the end of the memorandum of inquiry Trial Court had certified the factum of making confession by the accused---Trial Court having acted in accordance with the provisions of S.364, Cr.P.C. had not committed any illegality or material irregularity and had rightly convicted and sentenced the accused on the basis of his confessional statement---Accused could confess his guilt at any stage of the trial under the law and Trial Court could not refuse to record his confessional statement---Even otherwise, prosecution evidence of five witnesses recorded prior to the confession of accused had suggested his guilt---Impugned s, thus, warranted no inter­ference---Revision petition was dismissed accordingly. JUDGMENT IJAZ AHMED CHAUDHRY, J.--Through the instant criminal revision under sections 435 and 439 of the Criminal Procedure Code calls in question the legality of the order, dated 1842-2009 passed by the learned Judicial Magistrate Ist Class, Kallurkot whereby he, on the basis of confessional statement made by the petitioner, convicted and sentenced him under section 337-A(ii), P.P.C. to pay arsh equivalent to 5% of amount of diyat under section 337-A(iv), P.P.C. to pay arsh equivalent to 15% of amount of diyat determinable according to the value of diyat on 1st of July, 2006, under section 337-F(iv), P.P.C. to pay daman of Rs.10,000 and under section 337-L(ii) to pay daman of Rs.3000. The amount of arsh and daman was ordered to be paid to both the injured persons in lump sum or in monthly installments of Rs.5000 per month…

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