Law: Criminal Procedure Code (V of 1898)

Section: 164

Law: Penal Code (XLV of 1860)

Section: 302

P L D 1995 Karachi 112 44 Criminal Appeals Nos.179 and 182 and Confirmation Case No.ll of 1991, decided on 5th October, 1994. Criminal Procedure Code (V of 189$)---   -_S. 164---Penal Code XLV of 186(1, S.3M---R etracted judicial confession-- Admissibility ---Retracted confession is admissible in evidence provided it is found to have been made voluntarily and freely. [p, 119] A Joygun Bibi v. The State PLD 1960 SC 313 and Mehar Gul Shah v. The State PLD 1962 (W.P.) Pesh. 91 ref.   Penal Code (XLV of 1860)--- ----S. 302--- Appreciation of evidence ---Judicial confession made by accused, although subsequently retracted, was found to have been voluntarily and freely made and the same was not inconsistent or contrary to the prosecution case-- Evidence of last seen was reliable which had not been shattered in cross examination--- Recovery of blood-stained knife and blood-stained clothes from the accused had been proved about which the Chemical Examiner's report was positive--- Motive for the occurrence stood established--- Conviction of accused was upheld in circumstances. [p. 123] B & C Ghulam Muhammad and another v. State PLD 1961 (W.P.) Lah. 146; Ghallan and 2 others v. The State 1976 PCr.LJ 1; Muhabbat v. The State 1975 PCr.LJ 882; Abdul Haleem v. The State 1984 PCr.LJ 611; Bagh Ali v. Muhammad Anwar and another 1983 SCMR 1292; Dost Muhammad v. The State PLD 1982 Kar. 1000; Tauqeer Alam and 9 others v. The State 1985 MLD 604; Rasool Bux and another v. The State PLD 1964 (W.P.) Quetta 6; Wazir Khan v. The State 1989 SCMR 446; Muhammad Sharif v. The State 1969 SCMR 521; Joygun Bibi v. The State PLD 1960 SC 313 and Mehar Gul Shah v. The State PLD 1962 (W.P.) Pesh. 91 and Shamsuddin Sarkar v. The State PLD 1959 SC (Pak.) 269 ref. Penal Code (XLV of 1860)--- ----S. 302---Sentence---Mitigating circumstance--- Accused was a young man of about 20 years who had just entered into the realities of life---Sentence of death awarded to   accused was altered to imprisonment for life in circumstances.--[Age]. [p. 123] D . Date of hearing: 15th September, 1994. JUDGMENT ABDUL RAHIM KAZI, J: --By this common judgment, we intend to dispose of the above tree…