Law: Evidence Act (I of 1872)

Section: 24

Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Evidence Act (I of 1872) S. 24-Confession-Extra-judicial confession-Member Basic Democracies-A person in authority Confession made before such person on promise being given to help accused-Excluded from consideration. (b) Recovery Recovery of incriminating articles made' from a place lying unattended and without lock-Deserves no credence Penal Code (XLV of 1860), S. 302/34. Date of hearing : 14th October 1970. JUDGMENT MUHAMMAD MUNIR FARUKEE, J.--The two appellants, Mst. Sardaran and her paramour Waryam were tried along with Akbar for the murder of Sohni deceased, their co-villager, by the learned Additional Sessions Judge, Sargodha who acquitted Akbar and finding the two appellants guilty, convicted them under section 302/34 of the Pakistan Penal Code and sentencing the former to death and the latter to transportation for life has submitted the record to this Court for, the confirmation of the death sentence while the conviction itself is the subject-matter of an appeal preferred by them. This judgment will dispose of both these matters, i.e., the reference under section. 374, Cr. P. C. and the appeal. 2. The prosecution case in brief is that Sohni deceased had contracted illicit relations with Mst. Sardaran (appellant) wife. of Dosa, his co-villager. She was a woman of easy virtue and deserting Sohni deceased took fancy with Waryam, appellant and Akbar, the acquitted accused. Sohni deceased used to taunt her on that account, which offended her as well as her paramours, who decided to remove him from their way. It was alleged that motivated with these feelings of rivalry Waryam appellant took Sohni to a deserted dera of the father of Mst. Sardaran on the night between 5th and 6th July 1965 on the pretext of effecting a compromise between them, where she was present along with Akbar (acquitted accused). Trapping him in that manner Waryam appellant secured him in and Mst. Sardaran appellant is said to have killed him with toka blows. His head was then separated and thrown in a canal while the remaining dead body was buried in the adjoining khola of the same dera. Sohni deceased had come with his gun (P. 2) in the cover (P. 4) and the bandolier (P. 3)…