Law: Pakistan Penal Code (PPC),1860

Section: 302/396

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/396--Qatl-i-Amd--Occular account--Identification parade--Confessional statement--PFSA report--Confessional statement of co-accused--Life imprisonment--Record reflects dacoity involving jewelry as well as mobile phone and watch--The ocular testimony, corroborated by identification of appellants during trial and identification parade, recovery of incriminating weapons--Confessional statement recorded under Section 164, Cr.P.C., made by appellant, collectively form a cogent and reliable body of evidence linking appellants to commission of offence--Positive report of recovered weapon by Forensic Science Laboratory (FSL), supports and reinforces ocular account--In present case, inculpatory confession made by appellant, not only details his own involvement but also implicates other appellants in incident--When motive is neither proved, nor satisfactory established, in that circumstance extreme penalty of death is usually avoided--Death sentence of appellants is hereby, modified to sentence of life imprisonment.                                               [Pp. 163, 164, 166 & 167] A, B, F, G, H, I AIR 1965 Ori 31; AIR 1957 SC 216; 1999 SCMR 1138; 2023 SCMR 596; 2018 SCMR 149; PLD 2017 SC 152; 2014 SCMR 1227; 2024 SCMR 1802 ref. Confession-- ----John H. Wigmore defined confession as “an acknowledgment in express words, by accused in a criminal case, of truth of main fact charged or of some essential part of it.          [P. 164] C Confession-- ----Law of confession in Pakistan, it recognizes two types of confessions; one being extra-judicial confession and second being judicial…