Law: Evidence Act (I of 1872)

Section: 24

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Evidence Act (I of 1872)  S. 24-Confession-Confession not corroborated with regard to identity of accused or weapon of offence or manner of commission of offence-Confession made after remaining in police custody, partly or wholly unauthorised, for four days-Such confession, held, suspicious and neither true nor voluntary. (b) Criminal Procedure Code (V of 1898)  S. 164-Confession-Confession recorded after Court hours in contravention of criminal circulars-Such confession, held, not reliable. Date of hearing: 19th August 1974.                                                                                                                          JUDGMENT Z. A. CHANNA, J.-Appellants Abdul Karim and Ali Akbar, who are related inter se, were tried by the learned Additional Sessions Judge, Nawab shah, in respect of an offence under section 302/34, P. P. C., for allegedly committing the murder of a young boy by name Dad Karim, and both of them have been sentenced for the said offence to death by a judgment delivered by the learned Additional Sessions Judge on 26th November 1973. Both of them have appealed against their conviction and sentence and also their case has been referred by the learned Additional Sessions Judge to this Court for confirmation of the capital sentence awarded to them. This judgment will dispose of both the appeals of the appellants and the reference by the Additional Sessions Judge. 2. The deceased Dad Karim, his father Muhammad Usman as well as both the appellants were residing at the material time in village Mirza Abid Hussain, which is located in Deh Nasrat 102, Nawabshah Taluka. Com plainant Muhammad Usman and his brother Qutbuddin were cultivating separate plots of land with sugarcane at a distance of about one mile from their village. Near their sugarcane plots the two appellants had been cultivating some land with cotton.…