| Citation(s) |
|---|
| 1964 SLG 170 1964 SLD 170 1964 PLD 216 |
Supreme Court of Pakistan
Criminal Appeal No. 103 of 1963, decision dated: 5th February 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated 14th June 1963, in Criminal Appeal No. 37 of 1963)
A. R. CORNELIUS, C.J., FAZLEAKBAR AND HAMOODUR RAHMAN, JJ
Ihsanul Haq Advocate Supreme Court for Appellant. Jan Hussain Advocate Supreme Court instructed by Ijaz Ali Attorney for the State
Criminal Appeal No. 103 of 1963, decision dated: 5th February 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated 14th June 1963, in Criminal Appeal No. 37 of 1963)
A. R. CORNELIUS, C.J., FAZLEAKBAR AND HAMOODUR RAHMAN, JJ
Ihsanul Haq Advocate Supreme Court for Appellant. Jan Hussain Advocate Supreme Court instructed by Ijaz Ali Attorney for the State
QIBLA ALAM
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 164
Law: Pakistan Penal Code, 1860
Section: 302
Confession-------Retracted as made on persuasion by police Accused, nevertheless admitting before committing Magistrate and trial Court everything he had said in confession-Description of manner of killing as given in confession tallying with injuries on person of deceased-Accused having also motive to kill-Plea of duress (exercised by accomplice) raised at stage much later titan making of confession - Accused rightly convicted for murder. JUDGMENT CORNELIUS, C. J.-Special leave was given to the appellant Qibla Alam to appeal against his conviction and sentence of death for the murder of one Saddar Jan, which were confirmed by the High Court. The case comes from the district of Bannu which is close to the western frontier and adjoins a tribal area. The deceased Saddar Jan belonged to the tribal area. He was a friend of the appellant Qibla Alam. His dead body was found on the 30th January 1962, lying in a field. The report was made at the Police, Picket Bannu Bridge, and thereafter information was sent to the Police Station at Bannu proper and the body which up to that time had not been identified, was recognised by some members of the Saidgi tribe, who were summoned from the neighbouring tribal area. The Investigating Officer, Aman Ullah Khan, P. W. 18, discovered that a few days earlier, Saddar Khan had been seen at a certain place in the company of Qibla Alam. It was also learnt that a brother of Saddar Jan named Zanjir Gul had some two years previously, murdered one Abdullah Jan, brother-in-law to Qibla Alam. Accordingly, the investigation was turned upon Qibla Alam, who was not immediately to be found. On examination of his house a lead bullet was found embedded in a wall which was taken into possession. On the 1st February 1962, Qibla Alam was traced. Interrogation produced no result, until on the 13th February 1962, the Investigating Officer found (or pretended to find) stains of blood on Qibla Alam's coat, Exh. P. 6, and accordingly took it into possession. The following day, Qibla Alam began to furnish information and several recoveries were made. The framework of a charpoy was found from which the string had been removed and was said to have been…
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