| Citation(s) |
|---|
| 1973 SLD 3021 = 1973 PLD 8 |
Peshawar High Court
Criminal Appeal No. 96 of 1972, decided on 17th October 1972.
Presented By: Ghulam Safdar Shah, C. J. and Shah Zaman Babar, J
Pir Masoom Shah for Appellant. Sardar Fakkre Alam, A.-G. for then State.
Criminal Appeal No. 96 of 1972, decided on 17th October 1972.
Presented By: Ghulam Safdar Shah, C. J. and Shah Zaman Babar, J
Pir Masoom Shah for Appellant. Sardar Fakkre Alam, A.-G. for then State.
SHAHZAD GUL-Accused---Appellant
VERSUS
THE STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302, 300, 304
Law: Evidence Act, (1 of 1872)
Section: 25
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section: 13
(a) Penal Code (XLV of 1860), S. 302 and Evidence Act (I of 1872), S. 25-Murder-First Information Report lodged by accus ed himself containing confessional statement-Confessional state ment, if severable from the rest, would not make the whole F. I. R. inadmissible in evidence-Portion of statement to F. I. R. relating to motive and to opportunity leading to crime, held, admissible and substantive evidence against accused-Criminal Procedure Code (V of 1898), S. 154. In a first information report lodged by an accused his confessional statement in the same report, if separable from the other portion of the report, can only be held inadmissible in evidence in view of section 25 of the Evidence Act; but the other severable portions of the report relating to the motive, opportu nity, conduct and description leading to the crime would be admissible in evidence under sections 8, 17 and 21 of the Evidence Act if properly proved. Such an admission in the report would be substantive evidence against the maker. Hasil v. Emperor A I R 1942 Lab. 37 ; Lal Khan and others v. Emperor A I R 1948 Lab. 43 ; The State v. Ghandal P L D 1.960 Pesh. 137 ; Legal Remembrancer, Bengal v. Lalit Mohan Singh Roy A I R 1922 Cal. 342; Bharosa Ramdayal v. Emperor A I R 1941 Nag. 86; Kartar Singh v. State A I R 1952 Pepsu 98; Lachhuman Munda v. The State of Bihar A I R 1964 Pat. 210 and Suleman Shah v. Ayub and others P L D 1971 S C 751 ref. (b) West Pakistan Arms Ordinance (XX of 1965), S. 13 ---Unlicensed revolver recovered from person other than accused Conviction under S. 13 set aside. (c) Penal Code (XLV of 1860), Ss. 302, 300 & 304, Part I---Murder-Sentence-Accused murdering his wife on nuptial bed on her refusal to accede to his desire for sexual intercourse a second time-Held, refusal could cause grave and sudden provoca tion in the mind of any youngman to extent of his being deprived of self-control-Sentence of death altered to one of transportation, for life. Date of hearing: 10th October 1972. …