Law: Penal Code (XLV of 1860)

Section: 302(b), 109,34

(a)  Penal Code (XLV of 1860)---

----Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention--- Appreciation of evidence---Extra-judicial confession---Weak type of evidence--- Accused were charged for committing murder of sister of complainant by stabbing her---Appellants had been shown arrested on 09.12.2017 on the pointation of complainant and during interrogation they confessed the commission of offence before police in presence of complainant and his friend on 14.12.2017---Question arose as to why the appellants made admission when there was no palpable reason for them to make an extra-judicial confession before police in presence of complainant and his friend, whose conduct was also a relevant factor for determining credibility of extra-judicial confession allegedly made by the appellants---Complainant was not an eye-witness of the incident but he nominated the appellants as killers of his sister in his FIR recorded on 09.12.2017, whereas as per prosecution case itself the appellants admitted the commission of offence before him on 14.12.2017---Question arose as to from which source complainant came to know that his sister was murdered by her in- laws and no explanation to that extent had been brought on record---Extra-judicial confession is a weak evidence---When an accused makes an admission before police about his guilt then it is obligatory upon the Police Officer before whom he made such a confession to produce him before a competent Court of law for recording his statement under S.164, Cr.P.C., which had not been done, therefore, the alleged confessions of appellants would amount to confessions before police--- Record was silent as to what were the circumstances which made the appellants confess---Appeal against conviction was allowed, in circumstances.

Ahmad v. The Crown PLD 1951 FC 107; Abdul Latif v. Crown PLD 1952 FC 113 and Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231 rel.

(b)  Penal Code (XLV of 1860)---

----Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention--- Appreciation of evidence---Unnatural conduct of complainant---Accused were charged for committing murder of sister of complainant by stabbing her---In the case in hand, the conduct of the complainant seemed to be doubtful because he had implicated four persons of a family claiming them to be the killers of his sister---Complainant was not an eye-witness of the incident---Specific plea taken by the appellants in their defence was that it was a love marriage and complainant