Law: Penal Code (XLV of 1860)

Section: 302(b),308,307(c)

(a) Penal Code (XLV of 1860)     S. 302(b) Appreciation of evidence Witnesses of extra judicial confession allegedly made by the accused did not support the prosecution case Husband of the accused although had come to know about the murder of three deceased on the same night, yet he never reported the matter either to the police or to any other person including the complainant and kept mum for so many days and his silence had made his statement doubtful Accused could not be convicted on the basis of judicial confession made by co accused Participation of accused in the occurrence was doubtful and she was acquitted on benefit of doubt accordingly.    Faqir Ahmad v. Khalil uz Zaman and others 1999 SCMR 2203 ref.   (b) Penal Code (XLV of 1860)     Ss. 302(b), 308 307(c) Appreciation of evidence Accused had made a judicial confession about his guilt Accused, however, was ‘Wali’ of the three deceased persons and his case was covered by S.307(c), P.P.C. State Counsel had also conceded to the situation ¬Death sentence awarded to accused on three counts was consequently set aside and he was convicted under S.308, P.P.C. and sentenced to 14 years R.I. on three counts and to pay Diyat amount on each count to legal heirs of the deceased Sentences were directed to run consecutively with benefit of S.382 B, Cr.P.C.    Ch. Muhammad Yaqoob Kung for Appellant.   Tanvir Haider Bazdar for the State.   Date of hearing: 21st October, 2002. JUDGMENT KHAWAJA MUHAMMAD SHARIF, J.This judgment will dispose of Criminal Appeals Nos.187, 188 and 190 of 1997 filed by Habib ur Rehman and Mst. Rukkiya Bibi respectively against the judgment dated 7 6 1997 passed by Judge, Suppression of Terrorist Activities Court, Multan whereby he convicted the appellants under section 302/34, P.P.C. and sentenced them to undergo death and to pay fine of Rs.1,00,000 or in default to undergo 2 years R.I. each on three counts. 2. Brief facts of the case as narrated by the complainant in the F.I.R. are that Dr. Maqsood Hussain complainant returned to his house on 16 2 1996 after completing ChillaalongwithTableeghi Jamaat and found his house locked…

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