Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Conviction of accused was based on circumstantial evidence and retracted judicial confession---Leave to appeal was granted to examine as to why the murders remained unreported so long and whether the circumstantial evidence was of a quality which could sustain conviction. (b) Penal Code (XLV of 1860)--- ----S. 302---Appraisal of evidence---Recovery of the dead bodies of the two deceased lying buried in the fields belonging to the accused at his own pointation was a very strong circumstantial evidence against him which had proved his special knowledge about the burial of 'the deceased in his fields---Judicial confession made by accused did not suffer from any illegality or infirmity--­Identification of dead bodies was not open to any doubt and the evidence in this, respect had not been challenged---Defence did not prove that the dead bodies recovered from the fields of the accused were not of the two deceased in the case---Courts below had neither misread any evidence nor omitted from consideration any important piece of evidence---Conviction and sentence of accused were upheld in circumstances. Muhammad Munir Peracha, Advocate Supreme Court for Appellant. M.A. Qayyum Mazhar, Advocate-on-Record (absent) for the State. Date of hearing: 28th February, 1995. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The appellant was tried for murder of Mst. Zuhra Begum and her minor son Roohul Amin Shah alongwith acquitted accused Amir Nawaz under section 302/34, P.P.C. before the Sessions Judge, Charsadda. The appellant was found guilty of double murder and sentenced to life imprisonment on two counts with fine of Rs.15,000 or in default to suffer further R.I. for two years. The sentences were to run concurrently but benefit of section 382-B, Cr.P.C. was refused. The co-accused in the case was acquitted by the trial Court. On appeal the sentence and conviction of appellant has been upheld by the High Court. Leave was granted in the jail petition to consider the following points: -- "The conviction of the appellant is based on circumstantial evidence and retracted judicial confession. Why the murders…

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