Law: Criminal Procedure Code (V of 1898)

Section: 164, 45, 510

Law: Evidence Act (I of 1872)

Section: 27, 45

(a) Criminal Procedure Code (V of 1898) S. 164-Retracted confession, evidentiary value of-Retracted con fession a good piece of evidence-Rule of prudence, however, always demands such a confession to be acted upon, to find support from circumstances of case-Confession made by accused standing alone and finding no support, from circumstances of case, held, cannot be acted upon.-[Confession]. (b) Evidence Act (I of 1872) S. 27--Recovery, evidentiary value of-Impugned crime revolver reco vered from accused and bullet recovered from dead body sent together to Fire-arms Expert-No satisfactory explanation forthcoming for not sending such incriminating articles promptly for examination-Report of Fire-arms Expert, based on such recoveries, held, of no consequence, in circumstances.-[Recovery]. (c) Evidence Act (I of 1872) S. 45 read with Criminal Procedure Code (V of 1898), S. 45 and S. 510 [as amended by Law Reforms Ordinance (XII of 1972)]-Expert opinion, evidentiary value of-Report submitted by Fire-arms Expert merely stating his opinion, unsupported by any reason-Held: Cannot satisfy conscience of Court particularly where guilt or innocence of accused turns almost entirely on its analysis and Court can refuse to place any reliance on such opinion. Date of hearing : 5th May 1980. JUDGMENT MUHAMMAD ZAFARULLAH, J.-Ali Raider aged 25, was found guilty of committing the murder of Anwar Beg. He was convicted under section 302, P. P. C: by Sessions Judge, Attock vide his judgment dated 29-3-1978 and sentenced to death and to a fine of Rs. 500 or in default to undergo R. I. for one year. The fine, if realised, is to be paid as compensation to the heirs of the deceased. This is an appeal against the conviction and sentence and is being taken up together with the Murder Reference. 2. Anwar Beg aged 28 was found dead by his father Muzaffar Beg P.W. complainant at 6-30 a.m. on 12-10-1975 lying on the floor near the engine room of his flour-grinding machine in village Mansura 8 miles away from Police Station, Hasan Abdal. Anwar Beg bad two bullet wounds under his left armpit. Muzaffar Beg lodged F.I.R. Exh. P. F. the same day at 9-00 a.m. and accused the appellant, between whom…