Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 2(7)(8),55,90,91,92,93,94,95,96,97,98,99 ,100,128,129

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Criminal Procedure Code (V of 1898), S.164---Qanun-e-Shahadat (10 of 1984), Arts.2(7), (8), 90-100 & 129---Appreciation of evidence---Judicial confession---Death of Magistrate who recorded statement of accused under 5.164, Cr.P.C.---Mode of proof of statement/confession---Procedure---Allegation against accused/appellant was that he committed murder of deceased with hatchet blows---Accused allegedly made judicial confession before Magistrate from which he later on retracted---Trial Court convicted and sentenced accused to life imprisonment---Validity---Eye-witnesses had stated that four hatchet blows were given to deceased by accused but there were three injuries on the dead body of deceased-Discrepancy as to one injury was to be ignored because evidence was recorded six years after incident and such discrepancy was bound to occur because of long span of time between the incident and recording of evidence in the Court---Eye-witnesses' presence on the spot was not disproved---Promptly lodged F.I.R. was to be taken as one of the circumstances for eliminating the false implication of sole accused---Prosecution successfully proved ocular testimony--Prosecution did not examine Magistrate who had recorded confession of accused for the reason that the former had died---Prosecution, in order to prove judicial confession, examined a witness who had worked with the late Magistrate---Witness produced judicial confession of accused and deposed that he (witness) was conversant with the signature and handwriting of the late Magistrate and testified that confessional statement was in the handwriting of late Magistrate, bearing his signature---Witness was not cross-examined by accused---Accused, however, contended that he did not make any judicial confession---Under provision (illustration (e)) of Art.129 of Qanun-e-Shahadat, 1984 it was to be presumed that judicial and official acts were regularly performed---Under Art.91 of Qanun-e-Shahadat, if a document was produced before the Court purported to be statement or confession of an accused person, recorded in accordance with law, duly signed by Magistrate, then the Court…

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