Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302-Confession, retracted-Can be taken into consideration against its maker if it is found true and voluntary-Such confession, however, must be corroborated in material particulars-Accused making statement partly inculpatory and partly exculpatory-Court found to consider statement as a whole-Statement covering two independent facts-Court, in such circumstance, can accept statement so far as it relates to one fact and reject it as to another fact proved beyond doubt by prosecution evidence. The State v. Minhun alias Gul Hassan P L D 1964 S C 813 ; Pakala Narayana Swami v. Emperor A I R 1939 P C 47 ; Parvindar Kaur v. State of Punjab 1953 S C J 545 ; Monir's Law of Evidence, 1969 Edn., p. 74 and Vijendrajit v. State of Bombay 1953 S C J 330 ref. (b) Penal Code (XLV of 1860) S. 302-Private defence, right of-Accused coming armed with fatal weapon, predetermined to vindicate his honour-Not entitled to right of private defence. Date of hearing : 14th October 1974.                                                                                                                        JUDGMENT SHAH ZAMAN BABAR, J.-Najib Raza Rehmani aged 16 years, son of Shamsul Haq, resident of Thana Malakand Agency was charged under section 302, P. P. C. for the murder of Fariduddin, a 3rd Year student, of Khyber Medical College, Peshawer University, Peshawar, for firing at him with his pistol. The trial was held by Muhammad Azam Khan, Additional Sessions Judge, Peshawar, and he by his judgment dated 25-4-1973, convicted the accused under section 302, P. P. C. but keeping in view the age of the accused at the time of the occurrence, he awarded the convict a sentence of life imprisonment. The convict has appealed. 2. Najib Raza Rehmani appellant is resident of Thana Malakand Agency. His brother Zahir Rabbani was a 4th Year student in Khyber Medical College…