Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Matter was reported to the police with promptitude which had ruled out element of fabrication---Oral testimony of complainant and his son remained sufficiently consistent---No material discrepancy could be brought on record during fairly lengthy cross-examination---Testimony was fully supported by Medico-legal and post-mortem report in addition to the recovery of blood stained earth, blood stained stick, spade and 'Chadir' from the spot and positive report of Forensic Science Laboratory---Accused was real nephew of complainant and no previous ill-will or enmity existed between accused and complainant for his false implication---Prosecution case was further supported by confession of accused voluntarily made before Judicial Magistrate who appeared as prosecution witness and confirmed its voluntariness---No material was available to suggest that accused had been coerced or induced to make confessional statement---Facts brought out in judicial confession found corroboration in material circumstances---Details of event given by accused in confessional statement were strong circumstances to establish that confession was true and voluntary---Said confessional statement was not only voluntary, but also rang true and fitted in circumstances of the case and was fully corroborated by recovery of blood stained earth, stick, spade and medical evidence---No reason was found to disbelieve said confessional statement of accused as no illegality had been committed by Magistrate while recording the same---Trial Court had recorded a well reasoned based on correct appreciation of evidence on record which could not be interfered with by High Court in appeal---Appeal having been found destitute of force, was dismissed and impugned was maintained. Khalid Javed and another v. The State 2003 SCMR 1419; Khuda Bux and another v. The Crown 1969 SCMR 390; Ashique Hussain Chandio v. The State PLD 1992 Kar. 5 and Asfandyar Wall v. The State PLD 1978 Pesh. 38 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 37---Penal Code (XLV of 1860), S.302(b)---Confession---If confession was not confidence inspiring, use of the…

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