Law:

Section:

(a) Confession--Admission or confessional statement by accused-Must be taken as a whole.The only limitation which the law places on the use of an accused's admission or confessional statement is that it has to be taken as a whole.(b) Conviction-Accused can be convicted on his own statement even if the prosecution evidence is rejected.Bhola Nath v. Emperor A I R 1929 All. 1; Gul Muhammad v. The Emperor A I R 1945 Sind 42; Crown v. Surjya Mumar Sen 147 I C 32 and Safdar Ali v. The Crown P L D 1953 F C 93 ref.JUDGMENT ABDUL AZIZ KHAN, J.-Fazal Hussain alias Fazlu, Mansabdar alias Munshi and Pehlwan alias Bhana were tried by the learned Sessions Judge, Jhelum, under section 302/34 of the P. P. C. for the murder of Fazal Ilahi on the 4th of June 1956, in the area of village Ghurki, District Jhelum. The learned Sessions judge acquitted Mansabdar and Pehlwan, but convicted Fazal Hussain under section 304 Part I of the P. P. C. and sentenced him to five years' rigorous imprison�ment. Fazal Hussain has appealed to this Court against his conviction and sentence. Briefly stated the prosecution case is that three or four years before the occurrence under consideration, the appellant committed an indecent assault on Mst. Eli Begum, wife of Abdur Rahman (P. W. 14), a brother of Fazal Ilahi deceased. On learning of this incident from his brother, Fazal Ilahi deceased, Abdur Rahman P. W., who was then posted as a Foot Constable at Rawalpindi, came to his village and made inquiries from Mst. Ali Begum. Suspecting that Mst. Ali Begum was a woman of easy virtue, Abdur Rahman P. W. turned her out of his house and later divorced her. Fazal Hussain appellant had, however, disappeared from the village before the arrival of Abdur Rahman P. W. As a result of the above incident, Abdur Rahman P. W. and his brothers, Karam Ilahi (P. W. 7) and Fazal Ilahi deceased, stopped being oil speaking terms with Fazal Hussain appellant and his maternal uncle, Mansabdar. The marriage of Maryam Bibi, the stepsister of Sadiq son of Jawan (P. W. 11.) was to be solemnised on the 4th of June 1956. Fazal Ilahi deceased, Diwan Ali (P. W. 6), Karam Ilahi (P. W. 7), Mansabdar (who has been…