Law: Penal Cede (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-[Murder-case]-Appreciation of evidence-Prosecution witness, remark of village and Advocate by profession, alleging accused having been brought before him when he confessed his guilt and thereafter produced by him before police-Witness not examined by Investigating Officer during investigation of case nor his statement recorded under S. 161, Criminal Procedure Code, 1898-Witness appearing for first time in trial Court and stating extra-judicial confession having been made before him by accused-Investigating Officer stating accused having worn a bushshirt besmeared with blood when produced before him but rekmard witness not noticing any blood stains on such bushshirt-Investigating Officer stating nekmard witness having produced accused before him in village, and such fact supported by masheernama, yet nekmard witness claiming to have done so at police station-Such omission on part of nekmard witness enough to discredit his testimony-Attesting witness of masheernama of crime articles totally repudiating prosecution case and not a single question, put to him in cross-examination to discredit him nor such witness declared hostile-Accused not only retracting his judicial confession at earlier stage of proceedings but also denying to have gone to nekmard witness or to have produced weapon of offence or having worn a blood-stained bushshirt Retracted judicial confession, hence, held, not corroborated by independent evidence nor recovery of crime articles so proved and case therefore one of no evidence against accused appellant.-[Evidence-Witness]. Israr Gul v. The State P L D 1963 Pesh. 124 distinguished. Date of hearing : 7th November, 1979.                                                                                                                                         JUDGMENT G. SAFDAR SHAH,…