Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Pakistan Penal Code, 1860

Section: 302/34

Penal Code (XLV of 1860)---S. 302/34 read with Criminal Procedure Code (V of 1898), S. 342 Appreciation of evidence Accused in his statement under S. 342 being questioned only on matters found incriminating against him in evidence, his reply being neither tested or completed either by cross examining him or putting him further questions, such statement, in absence of any evidence, held, to be accepted as a fact even though apparently not fully established Statement of accused, held further. to be taken into consideration in its entirety where conviction sought to be based entirely on such statement. Balmakund v. Emperor A I R 1931 All. 1; Sher Gul v. Emperor A I R 1935 Lah. 671; Rahim Bakhsh v. Crown P L D 1952 F C 1 and Zakaria v. State 1976 P Cr. L J 167 ref Imamuldin v. State 1975 P Cr. L J 948 distinguished. JUDGMENT SHAFI UR REHMAN. J. Leave to appeal vas granted to the two convicts under section 302/34, P. P. C. to examine whether their conviction could follow from their statements recorded under section 342, Cr. P. C. which alone was held to form the basis of their conviction. In the alternative, whether it was not a case of their exceeding the right of self defence and hence punishable under section 304, Part 1, P. P. C. and not under section 302, P. P. C. 2. The two appellants alongwith seven others were charged for the murder of Nazar Muhammad on the 4th of June, 1972 at 5 p.m. in the limits of Police Station Haveli, District Sahiwal. The report of the crime was lodged by Muhammad Hanif (P. W. 13), a brother of the deceased. He alleged that he alongwith the deceased had caused injuries to the appellant Faiz about three years before the murder of Nazar Muhammad for which both were tried and acquitted. This was followed about eight days before the occurrence by a dispute between the deceased and the appellant Faiz over the silt clearance from a watercourse. At about 5 p.m. on the day of occurrence he alongwith the deceased was returning to the well of Nur Samandwala and they were on the path and had reached near the house of Ahmed when the two appellants armed with Sotas and seven others, one of whom had a gun and two others hatchets came out,…

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