Law: Pakistan Penal Code (XLV of 1860)

Section: 302

Pakistan Penal Code (XLV of i860)—  S.   302/201/34—Murder,   offence  of—Conviction   for—Evidence,,appreciation of—Acquittal—Confessions   made   by   appellants  u/s-164 Cr.P.C. rejected and ruled out of consideration—Recoveries not believable—Deceased already challaned in various criminal cases in­cluding murder and abduction cases—Probability of deceased having: been killed by some body else, not excluded—Prosecution case as a whole lacking proper evidence—Conviction and sentences, set aside— Appellants acquitted.   [P 237] E, F,G,H,J&K Pakistan Penal Code (XLV of I860)— -------- S. 302—Murder—Evidence, appreciation of—Deceased challaned' in number of criminal cases including murder and abduction cases— Probability of deceased having been killed by someone else, held,, not to be excluded.   [P. 237] / (iii) Evidence Act (I of 1872)— -------- Ss. 24 to 30-—Confession—Evidentiary value of—Held: Confession^. as general rule of law to be receivable as testimony or as admission admissible against its maker. (P. 236 ]B (it) Evidence Act (I of 1872)— -------- Ss. 24 to 26—Confession when not admissible—Held : Confession, if coming within ingredients of Ss. 24, 25 or 26 of Evidence Act,, then* same to be neither relevant nor admissible. [P. 236] C (v) Confession—                               -Voluntary—Probative value—Conviction—Basis. for—Held : Con­ fession if proved as voluntarily made by person confessing conviction  10 follow immediately and courts not to be required to look for corroborative evidence anywhere though as abundant caution, Judges, have been looking for other facts so as to assure themselves that con­fessional statements happen to be voluntary [P. 235] A <»i) Confession— ------ Relevancy…