Law: Pakistan Penal Code (XLV of 1860)

Section: 302

  (a) Penal Code (XLV of 1860), S. 302-,Murder-Dying declaration not free from suspicion and its genuineness and truth fulness open to grave doubts-Such dying declaration not by itself a satisfactory basis for conviction. (b) Penal Code (XLV of 1860), S. 302-Murder-Eye witness-Testimony of ocular witnesses intrinsically not ringing true-Probabilities that such witnesses, closely related, were not present near aboutscene of occurrence and had not seen commission of murder-Testimony of such witnesses cannot be relied upon. (c) Evidence Act (I of 1872), S. 30 and Criminal Procedure Code (V of 1898), S. 164-Confession-Definition. The term "confession" is not defined in the Evidence Act. The Courts, however, have regarded a confession to be an admission of an accused person of his crime or a statement which would suggest an inference to his guilt. But the person who makes an exculpa tory statement or who takes care at every stage to show that he did not take any part in the crime, cannot be said to have made the confession. (d) Penal Code (XLV of 1860), S. 34-Common intention Sudden fight-Question of common intention of participation in crime does not arise in case of a sudden fight. (e) Confession-Retracted confession found to be true and voluntary-Can legally be taken into consideration and form sole basis of conviction against its maker-Criminal Procedure Cole (V of 1898), S. 164. In law, a retracted judicial confession, if found to be true and voluntary, can legally be taken into consideration against the maker of the confession and the same can validly form the sole basis of conviction against the maker. The State v. Minhun P L D 1964 S C 813 ref. (f) Confession -Retracted confession Corroboration of Recovery of blood-stained dagger at instance of accused Held, can validly form corroboration of accused's retracted confession Criminal Procedure Code (V of 1898), S. 164. Abdul Khaliq v. The State P L D 1970 S C 166 and Ghulam Rasul v. Ali Akbar and others P L D 1965 S C 363 ref. (g) Penal Code (XLV of 1860), S. 302-Murder-Sentence- Mitigation-Accused acting in brutal manner and inflicting four incised wounds on deceased-Mere youth of…