Law: Pakistan Penal Code, 1860

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34-Appreciation of evidence---Abscondence---Only evidence against accused was the confessional statement of his female co-accused who remained in police custody for about four days---Co­-accused who remained in, police custody for such a long time, her confession would not ring true and was not voluntary, which was liable to be straightaway ruled out of consideration---Such confessional statement could not be made basis for conviction of accused---Mere abscondence of accused could not be made the basis for his conviction as accused could run away due to fear or suspicious circumstances---Conviction and sentence recorded against accused by the Trial Court, were set aside and they were set free. (b) Criminal trial--- ----Abscondence---Mere abscondence of accused could not be made the basis for his conviction as accused could run away due to fear or suspicious circumstances. Mst. Zafran v. The State 1999 PCr.LJ 163; Shabi-ul-Hassan v. The State PLD 1991 SC 898; Rahimullah Jan v. Kashif and another PLD 2008 SC 298 and Muhammad Israr and other v. The State" 2002 PCr.LJ 1072 rel. JUDGMENT MUHAMMAD ALAM KHAN, J.---By this single Judgment, we propose to dispose of the instant Criminal Appeal No.31 of 2006 titled "Alif Gul v. Noor Afzal" and Criminal Jail Appeal No.51 of 2006 titled "Mst. Kalsoom v. The State and other as both of them have arisen out of the same judgment of learned Sessions Judge, Charsadda in Sessions Case No.256 of 2004 decided on 20-12-2005 vide which the appellants Alif Gul and Mst. Kalsoom Bibi were found guilty, holding that both the accused, in furtherance of their common intention committed the murder of Muhammad Afzal deceased and thus, convicted both of them and on conviction under section 302(b) read with section 34, P.P.C. sentenced each of them to life imprisonment. The benefit of section 382-B, Cr.P.C. was however, extended to them. 2. Briefly narrated the facts of the case as gleaned from the F.I.R No.327 dated 1-6-2000 under section 302/34, P.P.C. of Police Station Umarzai District Charsadda, are that Noor Afzal aged about 70/71 years father of deceased Muhammad Afzal, was permanently…

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