Law: Penal Code (XLV of 1860)

Section: 402, 149

Law: Evidence Act (I of 1872)

Section: 21, 33, 60

(a) Criminal trial Recovery-Corroboration - Deceased sustaining no injuries- Recovery of weapons allegedly used in commission of offence-No evidence of any value in circumstances-Penal Code (XLV of 1860), S. 302/ 149. (b) Evidence Act (I of 1872)  Ss. 21 & 33 -Extra-judicial confession-Person to whom confession made examined as witness in committal Court but not in Sessions Court on alleged ground of being dead-Death not proved by legal evidence Process-server's statement mere hear say based on information given by others -Person allegedly giving such information although examined as witness yet not questioned with regard to death-Death of witness being not proved, previous deposition inadmissible-Extra-judicial confession, held, not proved in circumstances-Penal Code (XLV of 1860), S. 302/149. (c) Evidence Act (I of 1872)   S. 60-Criminal trial-Corroboration-Statement given on informa tion given by another-Such another person not examined-Statement not admissible in evidence. (d) Evidence Act (I of 1872) S. 21-Extra-judicial confession-Evidence of weakest kind-Courts usually insist upon knowing precise words of confession. (e) Evidence Act (I of 1872) S. 21-Confession-Must be either accepted in full or rejected in full-Confessional statement claiming right of private defence-No conviction sustainable on such confession. (f) Criminal trial- Counter-cases-Purpose of trying counter-cases together-To avoid conflicting findings-Each case must be decided on basis of legal evidence given in such case. Date of hearing : 14th May 1974.                                                                                                                            JUDGMENT TUFAIL ALI A. REHMAN, C. J.-All the appellants in this case have been convicted by the learned III Additional Sessions Judge, Sukkur of an offence punishable under section 302 of…