Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302/392---Constitution of Pakistan, Art 185(3)---Qatl-e-amd, robbery---Quantum of sentence, consideration of---Delay in recording confessional statement---Recovery of weapon and robbed articles while accused was in police custody for two weeks---Delay between extra judicial and judicial confession---Accused had been awarded death sentence by the Trial Court which, on appeal, was confirmed by the High Court---Leave to appeal was granted by Supreme Court to consider accused's quantum of sentence as his case was based on circumstantial evidence and such evidence had to be re-adjudged to consider three questions, firstly that whether death sentence awarded to accused was justified in view of delay of fifteen days between accused's arrest and his confessional statement; secondly, the question of alleged recovery of crime weapon and robbed articles after accused remained in police custody for two weeks, and, thirdly, the delay between accused's alleged extra judicial confession before witnesses and his judicial confession. M. Ghufran Khursheed Imtiazi, Advocate Supreme Court for Petitioner. Ahmed Raza Gaillani, Additional P.-G. for the State. Date of hearing: 28th June, 2011. ORDER TARIQ PARVEZ, J.--- Short facts of the case are that on 16-10-2004, Muhammad Ashraf Sindhu, Advocate, reported the crime of the murder of his wife Akhtar Bibi without charging any person but narrated in his report that some one has murdered his wife and has taken away cash amount, gold ornaments and other valuables. 2. During the course of investigation, the petitioner was arrested on 3-11-2004, who was milk seller. It was the case of the prosecution that on 15-11-2004, petitioner led to the recovery of the crime weapon and also, on his pointation, the robbed articles were…

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