Law:

Section:

(a) Penal Code (XLV of 1860)-----Ss. 302, 304 & 34--Criminal Procedure Code (V of 1898), S.164-­Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted in a case where all the Judges of High Court had differed on the nature of offence committed and there was difference of opinion as -to whether retracted confession of accused in the circumstances of the case should or should not be relied upon. [p. 25] A (b) Criminal Procedure Code (V of 1898)-- ---(. 164--Penal Code (XLV of 1860), Ss. 302, 304, & 34--Plea of self-defence by accused--Confessional statement on such plea retracted--If confessional statement of accused is to be relied upon then it must be relied upon in its entirety where there is no evidence to the effect that right of self-defence was over-exercised. P L D 1964 S C 813 ref. (c) Penal Code (XLV of 1860)-- ---5. 97--Private defence, right of-- When in a state of panic right of self-defence is being exercised, action on the part of the person cannot be measured in golden scales. [p. 29] C P L D 1964 S C 813 ref. JUDGMENT JAVID IQBAL, J.-= Leave to appeal was granted in.this case in view of the fact that all the learned Judges of the High Court of Baluchistan at Quetta had differed on the nature of the offence committed, if any. There was also difference of opinion among the A learned Judges as to whether the retracted confession of the appellant in the circumstances of the case should or should not be relied upon. The appellant alongwith his father Abdul Qayum co-accused was tried on a charge under section 302/34, PPC for the murder of Fadat Khan. The Sessions Judge Quetta vide judgment dated 30 November, 1980 convicted the appellant only under section 302 PPC and sentenced him to imprisonment for life. Abdul Qayum co-accused was acquitted. On appeal in the High Court of Baluchistan there was a difference of opinion between the learned Judges constituting the Division Bench. Mr. Justice Zakaullah Lodhi, Acting Chief Justice was of the view that the confessional statement made by the appellant before the magistrate, although subsequently retracted by him at the trial could be relied upon. He therefore held that the appellant…

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