Law:

Section:

(i) Criminal Trial-- ----Confessional statement--Delay of 10 days--Legal value--Confessional statement was recorded after 10 days which was too retracted by the convict--Held: It would be unsafe and injudicious to convict a person solely on that basis. [P. 57] A (ii) Plea of Alibi-- ----Scope of--Plea of alibi was to put upto PWs.--Validity--Held: It was an after thought and made up, concocted in consistent and non-convincing at all, so could not be relied upon. [P. 58] B & C (iii) Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Appreciation of evidence--Caught red-handed--Question of--Maintainability--All the PWs were natural witnesses--It was not the case of convict that he had any enmity either with the complainant or any other PW, so as to falsely implicate him--Plea of alibi was not proved--It was a clear cut case of murder in which he was caught red-handed with recovery of pistol--Conviction and sentence of life imprisonment was maintained. [P. 59] D, E & F 1975 P.Cr.L.J. 440; 2002 P.Cr.L.J. 1072; PLD 1978 SC 21; 2003 SCMR 1419; 1992 SCMR 1983 & NLR 1982 Cr.L.J. 428, ref. Judgment Haziqul Khairi, C.J.--Appellant Mehar Ali Shah is aggrieved with judgment dated 3.12.2005 whereby he was convicted by the Court of First Additional Sessions Judge, Thatta under Section 302(b) PPC and sentenced to imprisonment for life along with compensation in the sum of Rs. 50,000/- payable to the heirs of the deceased as required under Section 544(A) Cr.P.C and in case of non-payment thereof to undergo R.I. for six months. The appellant was, however, entitled to the benefit of Section 382-B Cr.P.C. 2. Briefly the prosecution case is that on 22.5.2005 at 2100 hours complainant Khuda Bux, a Goldsmith, lodged an FIR at Police Station, Mirpur Bathoro stating that at about 8.30 p.m. he along with his relative Muhammad Moosa and other family members was watching T.V. when the outer door of the house was opened and unknown persons with pistols in their hands, entered into his house. One of them while pointing out his pistol ordered them to keep silence and hand over all the gold and money to them. He told them that there…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492