Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302 & 201---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to the accused to consider whether the retracted judicial confession relied upon by the Courts below suffered from any legal infirmity. (b) Penal Code (XLV of 1860)--Ss. 302 & 201---Appraisal of evidence---Prosecution witnesses had no enmity with the accused, nor they were shown as interested witnesses by the record--­Essential prerequisites had been followed by the Magistrate while recording judicial confession of the accused---Circumstances disclosed by the accused in his judicial confession were supported by the autopsy on the body of the deceased and the recovery of the dead body on his pointation---Crime empties recovered from the place of occurrence had matched with the licensed pistol of accused ---Recovery of the motor-cycle of deceased from the house of the father of accused on his pointation was not reasonably explained by him---Prosecution had, thus, fully established its case against the accused regarding the murder of the deceased---Conviction and sentence of death awarded to accused under S.302, P.P.C. were upheld accordingly---Accused, however, was acquitted of the charge under 5.201, P.P.C., as he having been charged for the main offence i.e., murder, could not be convicted for disappearance of evidence to screen or save himself. Farid Muhammad v. The State PLD 1959 (W.P.) Pesh. 12 and Gulzar Khan v. The State PLD 1963 (W.P.) Pesh. 178 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 201---Criminal Procedure Code (V of 1898), S. 164--­Appreciation of evidence---Retraction from judicial confession by accused--- Retraction from his confession by accused cannot by itself be made a ground for its rejection, the only requirement in this respect is to ensure that it was voluntary, true and fits in the prosecution story. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Ejaz Muhammad Khan, Addl. A.G., N.-W.F.P. with Haji M.A. Qayyum Mazhar, Advocate-on-Record (absent) for the State. Dates of hearing: 24th and 25th May, 1999. JUDGMENT SH, IJAZ NISAR, J.--This criminal appeal by leave of…

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