Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Confession Extra-judicial confession-Prosecution witnesses making a general statement that all accused confessed to have committed murder--Witnesses not specifying which of four accused made such incriminating statement-Such confession, held, could not be used as evidence against accused Penal Code (XLV of 1860),. S. 302/34. Manzoor and others v. The State P L D 1957 Lah. 1023 and All and others v. Crown P L D 1950 B J 26 rel. (b) Criminal triaL Motive--Evidence of motive---Can be used its corroborative evidence but would not by itself prove crime. Date of hearing : 27th June 1970.   JUDGMENT This is an application in revision under section 215 read with section 439, Cr. P. C., to quash a commitment. The petitioners, are Muhammad Akram, Habib, Muhammad Ali and Ali Muhammad. All four have been committed for trial on a capital charge of murder. 2. The story for the prosecution, shortly stated is as follows. On the 26th of October 1969, Nizam Din P. W. saw that the dead body of Muhammad Afzal was hanging on a jujube tree ix the field of Wali Muhammad P. W., whereupon he proceeded to the village mosque and informed Wali Muhammad of the incident. Wali Muhammad along with Ismail, Abdur Rahim, Muhammad Sarwar, Abdul Hamid, Sher Muhammad, Feroze Khan and Muhammad Siddique proceeded to the place of occurrence and saw the dead body of Muhammad Afzal hanging on a jujube tree. Leaving Muhammad Siddique, Feroze Khan and Abdul Hamid to guard the-dead body Wali Muhammad, Ismail, Abdur Rahim, Muhammad Sarwar anal Sher Muhammad, went to the house of Shahmand, where all the four accused were present. On enquiry, they jointly confessed that they Gad taken the revenge of the insult inflicted by Muhammad Afzal on Mst. Nasim. The motive of the assault was that Muhammad Afzal deceased had cut .a filthy joke with Mst. Nasim; sister of Muhammad Akram, accused, and, for that the accused harboured a grudge against the deceased. 3. Doctor Muhammad Saeed, Medical Officer (P. W. 8) who conducted the autopsy on the dead body of Muhammad Afzal was of the opinion that the testicles of the deceased were crushed and that this injury was sufficient in 'the ordinary course of nature…