Law: Evidence Act, (1 of 1872)

Section: 17

(a) Evidence Act (1 of 1872),   S. 17-Admission-Whether Court always bound to believe in its entirety.   Held, (Per Faizullah Khan, J.).-An admission made by a person whether it amounted to a confession or not, cannot be split up and part of it used against him. An admission must be used either as a whole or not at all.   (Per Muhammad Daud Khan, J., Shakirullah Jan, J., con curring).   No doubt the statement of facts made by an accused person, when it is the only evidence in proof of his guilt, it should be accepted in its entirety or rejected in its entirety, but the part which is not deposition of facts but is merely his plea-such as plea of self-defence-and which is a question of law, is required to be tested with the facts stated by the accused person, a Court cannot abdicate its duty by accepting that plea straightaway without applying its mind if the statement of facts does or does not bear out his plea, and if the Court does not do so, it relegates its function to the person making admission and empowers him to sit on judgment of his own act.   Penal Code (XLV of 1860),   Ss. 100, 300, 302 and Exception 4 to S. 300-"Sudden fight", due to sudden quarrel, resulting in death of one party-Right of self-defence whether can be claimed-Held: (Per Faizullah, J.)-Accused entitled, if such right be available to him, to complete right of self-defence as envisaged by S. 100 (contra: Per Muhammad Daud, J., Shakirullah, J., concurring)-None of parties can claim right of self-defence in such cases.   Witness---   Veracity of, indivisible-Testimony not believed in respect of one accused-Cannot be relied upon in respect of another unless corroborated by independent evidence or confirmatory circumstances.   Penal Code (XLV of 1860),   Ss. 302, 300 & 100-Great disparity between injuries inflicted by deceased and those delivered to him by accused-Attack on deceased sustained and carried out with great determination without regard to consequences-Circum stance negatives plea of self-defence.   Penal Code (XLV of 1860),   Ss. 96 & 103-Private-defence, right of-Circumscribed by limitations and…