Law: Qanun-e-Shahadat (10 of 1984)

Section: 43

Law: Pakistan Penal Code, 1860

Section: 302/34,459.460&382

Law: Special Courts for Speedy Trials Ordinance (XXXVIII of 1991)

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 164

Penal Code (XLV of 1860)--Ss. 302/34, 459. 460 & 382---Special Courts for Speedy Trials Ordinance (XXV of 1991), S.13---Criminal Procedure Code (V of 1898), S. 164--­Qanun-e-Shahadat (10 of 1984), Art.43---Appeal against acquittal ---Extra-­judicial confession allegedly made by accused being a joint confession could not be used against either of them---Recovery evidence even if accepted as correct could not advance the prosecution case---Appeal against acquittal of accused by Trial Court was dismissed in circumstances. JUDGMENT JUSTICE SAAD SAOOD JAN (CHAIRMAN).---The respondents, Kamal Khan alias Maloo and Allah Dawaya, alongwith Muhammad Kabir alias Kala, were tried by the Special Court for Speedy Trials, Multan on charges under section 302, read with section 34, and sections 459, 460 and 382, Pakistan Penal Code. The learned trial Court convicted Mohammad Kabir alias Kala, who was a brother of Kamal Khan alias Maloo, respondent, but acquitted the respondents. The State has preferred this appeal against the acquittal of the respondents. 2. The occurrence took place on the mid-night falling between 2nd and 3rd August, 1991, in the house of Haji Muhammad Yousaf, deceased, in village Sheikh Naseer, District Bahawalpur. The deceased was sleeping in the courtyard of his house together with other members of his family. At about mid-night he was woken up by his son Muhammad Iqbal (P.W.12) who had heard some strange noises coming from one of the rooms of their house. The deceased and his son went towards the back of their house where they saw three strangers. The deceased challenged them whereupon one of the strangers twice fired at the deceased. The deceased was hit in the region of the chest and abdomen. The strangers then ran away. Muhammad Iqbal found that the wall of his house has been broken into and the articles stored in the room were lying scattered all over the floor. On checking he discovered that some pieces of cloth and an amount of Rs.1,600 had been stolen. Muhammad Iqbal went to Police Station, Khairpur Tamewali; which was 20 Kilometres away and lodged the first information report at 6-05 a.m. Immediately after the occurrence the deceased was…

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