Law:

Section:

(a) Penal Code (XLV of 1860)-----S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether conviction of accused could be sustained only on the basis of his implication by a co-accused in his confession in the absence of any other evidence to involve him in the crime. (b) Penal Code (XLV of 1860)-- ---S.302--Circumstantial evidence against co-accused had been read as against accused to sustain his conviction which was irrelevant as it was not a case of conspiracy---High Court upheld conviction on assumption which could not be drawn from evidence to connect the accused---Conviction of accused was set aside in circumstances. JUDGMENT MUHAMMAD HALEEM, C J.--Leave to appeal was granted to consider whether the conviction of the appellant could be sustained only the basis of his implication by a co-accused in his confession in the absence of any other evidence to involve him in the crime. Three persons namely, Pir Kabul Shah, Gul Nawaz and Muhammad Hakim were tried alongwith the appellant. The prosecution case is that on 14-12-1982, Injer Gul. son of Kabir Khan, resident of Kali Wanda, Police Station Panyala, District D.I. Khan, lodged a report at Police Station, Ghazni Khel at 11-00 a.m. on account of blood feud. There was enmity between him and Bhai Khan of their village and that in order to settle the dispute they appointed Pir Kabul Shah as an arbitrator and paid to him a sum of Rs.19,700 on condition that he will settle the dispute and the said amount shall till remain with him as security. A month passed but Pir Kabul Shah failed to settle the matter and did not refund the money. On 6th of December, 1982, the deceased who was his brother went to take the money back from Pir Kabul Shah but did not return from that errand till the date of the lodging of the report. The fact that the deceased had come to claim the money from Pir Kabul Shah and his return on the next day was disclosed by Ayub Khan, his nephew, who had gone to Wanda Pashan to enquire about his father's health. Investigation thereafter commenced and the dead body…

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