Law:

Section:

(a) Penal Code (XLV of 1860)---- ----S. 302(c)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court to reappraise the evidence and to consider whether the confessional statement of accused could be partly relied upon or not. (b) Penal Code (XLV of 1860)---- ----S.302(c)---Appraisal of evidence---Accused had voluntarily made the confession before a Magistrate competent to record the same, but he retracted same at the time of trial---Accused having been convicted under S.302(c): P.P.C. his confession recorded by a Magistrate did not fall within the restrictions of S. 304, P.P.C: and the same was admissible and could be relied upon if the same inspired confidence---Accused was apprehended at the spot with blood-stained hatchet inside the house by police officials who were not shown to be inimical or interested witnesses and they could be relied upon---Courts below had arrived at just conclusions after having elaborately attended to every aspect of the case which were not open to any interference---Appeal was dismissed accordingly. Abdul Zahir v. State 2000 SCMR 406; Abdus Salam v. State 2000 SCMR 338; Naseem Akhtar v. State -1999 SCMR 1744 and Muhammad Aslam v. Shaukat Ali 1997 SCMR 1307 ref. JUDGMENT RASHID AZIZ KHAN, J. ----Facts leading to the filing of this appeal are that appellant Fazal Din son of Wali Muhammad was reported against with Police Station Dera Allah Yar Khan, District Nasirabad on 1-9-1992 for the murders of Allah Dad and Mst. Alia. Sessions Judge, Nasirabad, at Dera Allah Yar, vide his judgment, dated 21-10-1993 found him guilty under section 302(c), P.P.C. and sentenced him to imprisonment for life with a direction to pay fine of Rs.20,000 or in default to suffer imprisonment for one year. Benefit of section 382-B, Cr.P.C. was allowed. The convict appealed. A learned Division Bench of High Court of Balochistan vide its judgment, dated 3-3-1994 dismissed the appeal and maintained the conviction and sentence of the appellant. Leave in the instant case was granted to reappraise the evidence and to consider whether the confessional statement can be partly relied upon or not? 2. Prosecution story…

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