Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302 & 34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal against acquittal-- Unwitnessed crime--Extra,-judicial confession--Uninspiring joint confession--Evidentiary value--Conviction based by Trial Court on indirect evidence--Validity--Circumstantial evidence has to be scrutinised with care in order to establish the necessary link beyond reasonable doubt--Where the Trial Court had excluded the confession allegedly made before a prosecution witness who happened to be a Lambardar and confession made before others was accepted and corroboration for this was sought and obtained in the recovery of blood-stained articles at the instance of two accused and not in the case of third, High Court, held, was justified in considering the evidence of such extra-judicial confession to be uninspiring on a capital charge and if such was the finding, the recovery by itself would not be of any assistance in proving the offence--Acquittal of accused, therefore, was based on principles recognized for safe administration of criminal justice--Leave to appeal refused. [p. 117] A & B JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, a complainant in a case registered under section 302/34, P.P. C: seeks leave to appeal against the judgment of the Lahore High Court, dated the 24th March, 1981 whereby the two respondents were acquitted of the offence. The dead body of Rehmat, a brother of the complainant, was found in the fields in village Sohawa, Police Station Satrah, District Sialkot. The dead body had a number of incised wounds which appeared to have been caused by hatchet. A report about it was lodged at 10-40 a.m. In the report the suspicion was shown against Barkat and his two sons Bashir and Amin and the reason given for the suspicion was that the deceased was suspected of maintaining illicit relations with Mst. Shah Bibi, wife of Barkat, respondent. Muhammad Ismail (P.W.7) produced them before the police on the 3rd of January, 1978 stating that the three of them had come to him, made a confession about having caused the death of Rehmat and had stayed at his house for the night and in the morning he had taken them to the police.…

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