Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Question whether evidence of motive, Wajtakkar witnesses and extra-judicial confession of co-accused sufficient to sustain conviction of accused on capital charge-­Important aspect of case that extra-judicial confession made by co-accused was retracted escaping notice of High Court while maintaining conviction--Retracted extra-judicial confession also not direct evidence of commission of offence--Leave to appeal granted to consider question whether evidence produced by prosecution sufficiently corroborated retracted confession of co-accused in material particulars to be made foundation of conviction of accused. (b) Penal Code (XLV of 1860)---Ss. 302, 134--Retracted extra-judicial confession of co-accused alone unless corroborated in material particulars, held, was not to be made a base for conviction--[Confession]. ORDER ZAFFAR HUSSAIN MIRZA, J.--Ata Muhammad deceased in this case was the husband of Mst. Bhag Bhari. The case of the prosecution is that she developed illicit liaison with petitioner which came in the knowledge of the deceased. The deceased is said to have objected to this strongly preventing the petitioner from visiting his Dera. 2. On 27th December, 1980, Mst. Bhag Bhari started crying in the middle of the night and proclaimed that deceased had died a natural death owing to illness. However, when the body of the deceased was taken to his ancestral village the witnesses, on seeing the body found some marks of violence on the deceased and suspected foul play. On questioning Mst. Bhag Bhari is said to have made an extra-judicial confession in presence of Muhammad Hayat, P.W., that by virtue of a plan she and the petitioner, who was her paramour, committed the murder of the deceased. According to this extra-judicial confession, the petitioner came and waited outside the house of deceased, and when he went to sleep, Mst. Bhag Bhari called him (the petitioner) inside and while she held the deceased by his legs, the petitioner throttled him and killed him. 4. On the motive, i.e. that petitioner and Mst. Bhagh Bari were on illicit terms the prosecution produced…

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