| Citation(s) |
|---|
| 1993 SLG 1527 1993 SLD 1527 = 1993 PLD 345 |
Lahore High Court
Criminal Appeal No.84 of 1991/BWP and Murder Reference No.26 of 1991/BWP, decided on 3rd February, 1993.
Presented By: Before Sardar Muhammad Dogar and Mian Abdul Khaliq, JJ
M. Jaffar Hashmi for Appellants. Syed Shaheen Masood Rizvi, A.A.-G. for the State,
Criminal Appeal No.84 of 1991/BWP and Murder Reference No.26 of 1991/BWP, decided on 3rd February, 1993.
Presented By: Before Sardar Muhammad Dogar and Mian Abdul Khaliq, JJ
M. Jaffar Hashmi for Appellants. Syed Shaheen Masood Rizvi, A.A.-G. for the State,
MUHAMMAD SHAFI and another--Appellants
VERSUS
THE STATE--Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 164
Law: Penal Code (XLV of 1860)
Section: 304
Law: Penal Code (XLV of 1898)
Section: 348
Criminal Procedure Code (V of 1898)- ---- S.164 --- Important features of S.164, Cr.P.C. enumerated. ILR 2 Lah. 325 ref. Criminal Procedure Code (V of 1898)-- ---- S.164 --- Questions prescribed to be put to the accused by Magistrate before recording his confessional statement elucidated. Criminal Procedure Code (V of 1898)-- ---- S.164 --- Penal Code (XLV of 1860), S.304(l)(a) --- Confession --- Confession when to be acted upon- --Duty of Court ILR Lah.,325; Pakala Narayana Swami v. Empror AIR 1939 PC 47 Muhammad Sharif v. The State 1975 PCr.LJ 889; Abdul Halcem v. The State 1984 PCr.LJ 611; Manoo alias Manthar v. The State 1992 PCr.U 1963; Khuda Bakhsh v. The Crown 1969 SCMR 390; Muhammad Yaqoob v. The State 1992 SCMR 1983; Said Begum v. The State PLD 1958 (WY.) Lah. 559; Ghulam Hassan v. State PLD 1983 FSC 497; Nazir-ud-Din Ahmaa v. The State PLD 1963 (W.P.) BJ 10, Dhani Bakhsh v. State PLD 1975 SC 187; PLD 1964 SC 813; (1876) 13 Cox. CC 209 and Muhammad Naseer v. The State PLD 1988 FSC 58 ref. Penal Code (XLV of 1860)-- ---- S. 304(l)(a)---Confession --- Since the Legislature itself has laid stress on the words "voluntary' and "true", the Courts should adhere to the language strictly while acting upon the same.--[Confession]. Criminal Procedure Code (V of 1898)-- S. 342---Purpose and object of S.342, Cr.P.C. elucidated. Criminal Procedure Code (V of 1898)- ---- S.342 --- Penal Code (XLV of 1860), S.304 [as amended] --- Trial Court in view of provisions of S.304, P.P.C. should warn and caution the accused before recording his answers that if he confesses or admits anything in answer to the question, the same will be read as confession and will be used against him. Criminal Procedure Code (V of 1898)-. ---- Ss. 242 & 265-D --- Charge, framing of --- All facilities should be provided to accused to enable him to understand as to what he may ultimately have to face, bear or undergo. Emperor v. Chinia Bhika Koli 8 Bom. LR 240 rer. Penal Code (XLV of 1860)-- ---- Ss. 302/34, 308/34, 302 & 304(l)(a) --- Statements made by accused under S.342, Cr.P.C. could hardly be termed as "voluntary' and "true"…