Case Details

Citation(s)
1992 SLG 1997 1992 SLD 1997 1992 PLJ 128
Quetta High Court
Criminal Jail Appeal No. 67 of 1991, dismissed on io.12.1991.Da;eofhearing:2.12.1991.
MUNAWAR AHMAD MIRZA CJ AND IFTIKHAR MUHAMMAD CHAUDHRY, J

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MUHAMMAD YOUSUF--Appellant

VS

THE STATE--Respondent

Law:

Section:

(i) Benefit of doubt-- —Murder-Offence of-Conviction for-Challenge to~Claim of benefit of doubt-It is not understandable as to how contention has been made that doubt has arisen in case of prosectution-Facts  nd circumstances indicate that cold blooded murder of an innocent person without any justification, has been committed-Held: Lower court has rightly awarded adequate punishment to accused-Appeal dismissed.          [P.135JD    (ii) Confession— —Murder-Offence of-Conviction for-Challenge to-Whether it is necessary to record confession within 24 hours—Question of—Contention that prosecution was under obligation to record confessional statement of accusedwithin 24 hours after his arrest-There is no material to prove that appellant was in Police custody from date of incident-Confessional statement was recorded within 24 hours of arrest of appellant-Held: Efforts should be made for producing accused before Magistrate if he is ready and willing to make confessional statement freely and  ithout any coercion and inducement, as early as possible-Held further: It depends on attending circumstances and facts of each case that what should be minimum period for recording confessional statement.            [Pp.l33134]BC  PLD 1978 Quetta 1 rel. (Hi) Confession— —Murder-Offence of-Conviction for-Challenge to~Whether trial court rightly based conviction on confessional statement—Question of—In addition to confessional statement of appellant, there are  ther pieces of evidence which corroborate confessional statement of accused—Held: Trial Court rightly considered confessional statement of appellant as true and voluntary and rightly based conviction on it. [P.133]A   PLD 1964 SC 813 and 1983 SCMR 1292 rel. JUDGMENT Iftikhar Muhammad Chaudhry, J.--Muhammad Yousaf son of Gul Hassanhas been convicted and sentenced under Section 302 PPC for life imprisonment asd fine of Rs. 20.000/- and in default of payment of fine to further undergo two years R.I. by Additional Sessions Judge-I, Quetta vide impugned judgment dated31.S.1991.1. Briefly stating the facts of prosecution case are that on…
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