Law: Pakistan Penal Code, 1860

Section: 302

Confession-Extra-judicial-At best a weak piece of evidence-Must create belief that it was made and was true, before it could be made sole basis of conviction.   An extra-judicial confession, which is at the best a weak piece of evidence, in order to be the sole basis of conviction must be supported by exceptional cricumstances which create a belief that the extra-judicial confession was in reality made and was in fact true.   Abdul Latif v. The Crown P L D 1952 F C 113 and Ahmad v. The Crown P L D 1951 F C 107 ref.   Where the version of other aspects of the case given by the witnesses deposing to- an extra-judicial confession was contradicted by the medical testimony and the conduct of these witnesses was wholly unnatural, held that it was doubtful that any extra-judicial confession had in fact been made by the accused.  JUDGMENT   LARI, J.--- This appeal has been preferred by Gul Muhammad son of Jahan Khan who was found guilty under section 302 of the P. P. C. and sentenced to death by Mr. Moula Bakhsh G. Lighari, Sessions Judge, Nawabshah, for murdering his brother Loung sometime during the night between 4th and 5th January 1957 The matter has also come before us by way of reference.   The prosecution story is that the appellant lost his wife and thereafter contracted illicit intimacy with Mst. Chanan, wife of deceased Loung. The appellant was not satisfied with this' casual relationship and wanted to marry her. Accordingly he conceived the idea of murdering Loung and expressed a desire to that effect to Mst. Chanan, who tried to prevent him from doing so. Ultimately, on 4th January 1957, deceased Loung left for his field after taking meals as that night it was the turn of water in respect of his field subsequently the appellant is also said to have gone to the field and lie returned one or two hours thereafter and informed Mst. Chanan that lie had done Loung to death. This was also overheard by Jahan Khan, a son of the deceased. The appellant is alleged to have told Jahan Khan that he would be taken to task if any complaint was made in this respect, but thereafter lie left the house. At about midnight it is alleged he went…