| Citation(s) |
|---|
| 1956 SLG 404 1956 SLD 404 = 1956 PLD 420 |
Supreme Appellate Court, Pakistan
Criminal Appeal No. 62 of 1956, decided on 18th October 1956. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 13th March 1956, in Criminal Appeal No. 444 of 1955 Confirpnation Case No. 69 of 1955.).
(Appellate Jurisdiction) Present: Muhammad Munir, C. J., M. Shahab-ud-Din, A. R. Cornelius, Muhammad Sharif and Amir-ud-Din Ahmad, JJ
M. Abdul Qayyum, Advocate, Supreme Court for Appel lant. S.A. Mahmud, Advocate, Supreme Court, instructed by Ijaz Ali, Attorney for
Respondent.
Criminal Appeal No. 62 of 1956, decided on 18th October 1956. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 13th March 1956, in Criminal Appeal No. 444 of 1955 Confirpnation Case No. 69 of 1955.).
(Appellate Jurisdiction) Present: Muhammad Munir, C. J., M. Shahab-ud-Din, A. R. Cornelius, Muhammad Sharif and Amir-ud-Din Ahmad, JJ
M. Abdul Qayyum, Advocate, Supreme Court for Appel lant. S.A. Mahmud, Advocate, Supreme Court, instructed by Ijaz Ali, Attorney for
Respondent.
MUHAMMAD BAKHSH-Appellant
VERSUS
THE STATE-Respondent
Law:
Section:
P L D 1956 Supreme Court (Pak.) 420 First Information Report---Lodged by accused himself -Excluded from consideration-Criminal Procedure Code (V of 1898), S. 154. The first information report made to the Police by the accused himself is rightly excluded from consideration at tile trial. Confession---On oath-Illegal---Ant admissible or rele vant- Oaths Act (X of 1873) S. 5--Criminal Procedure Code (V of 1898), Ss. 165, 342 and 364-Evidence Act (I of 1898), Ss. 24 and 132. By reason of section 5 of the Oaths Act (X of 1873) the administration of an oath to art accused person is an express statutory illegality which must make the confession inadmissible. The administration to an accused person of an oath or affirmation is opposed to public policy and any infringement of the provision prohibiting the Court from putting him under oath is an illegality which cannot be cured on any principle of consent, waiver or estoppel. Where the confession of an accused, recorded under section 164 read with section 364, Criminal P. C. was taken down under an oath Held, that the confession was obtained in an illegal manner and its rejection must follow as a matter of course from this illegality. Such a confession is not governed by section 132, Evidence Act. Karam Elahi v. The Emperor A I R 1947 Lah. 92 overruled. (c) Murder, or culpable homicide not amounting to murder--Scuffle with thiefRight of private defence and property-Injuries caused to thief with hatchet-One grievous-Offence, held, culp able homicide under section 304 (Part II) P. P. C. Date of hearing : 18th October 1956. JUDGMENT MUHAMMAD MUNIR, C. J.-----This is an appeal by special leave from a judgment of the Karachi Bench of the High Court of West Pakistan by which the appellant's conviction for murder was maintained and the sentence of death confirmed. The appellant, Muhammad Bakhsh, used to graze his flock of sheep in the jungle of Deh Dhandi. In the early afternoon of 25th March 1955, while resting under a tree he noticed that his flock which was grazing nearby was suddenly startled.…