Law:

Section:

(a) Penal Code (XLV of 1860)----Ss. 302 & 436---Criminal Procedure Code (V of 1898), S.544-A--¬Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.4 & Sched.---Appreciation of evidence---Judicial confession---Unseen occurrence of setting ablaze a coaster and burning to death its conductor sleeping therein---None was named in F.I.R.---Case of prosecution was based on motive, extra judicial confession and judicial confession of both the accused---Motive was not plausible---Extra-judicial confession was a padded evidence---Evidence against accused was judicial confession, wherein they had confessed of having set ablaze coaster due to strained relations with complainant, but were not aware of conductor sleeping therein---Solitary judicial confession, if made basis for conviction, had to be relied upon in toto without any pick and choose---Accused had not only caused a total damage to coaster, but had killed a man---High Court had rightly set aside conviction under S.320, P.P.C., but had ignored to award compensation under mandatory provisions of 5.544-A, Cr.P.C.--¬Supreme Court in addition to sentence of imprisonment awarded by High Court sentenced accused to pay compensation under. S.544-A, Cr.P.C. collectively or individually of a sum of Rs.4 lac for damaging coaster to complainant, and to pay compensation of Rs.2,50,000 individually to legal heirs of deceased. (b) Confession--- ----Judicial confession---Validity---Solitary judicial confession, if made basis for conviction, must be relied upon in toto without any pick and choose. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Ayyaz Ahmed son of Imam Bakhsh, a complainant of F.I.R. No.303 of 1994, dated 24-12-1994 of Police Station, Kot Chhutta, Tehsil and District Dera Ghazi Khan, through this petition, seeks leave to appeal against the judgment, dated 18-11-2001 of a learned Division Bench of Lahore High Court (Multan Bench) whereby Allah Wasaya and Fazil respondents/ accused were acquitted of the charge under section 302, P.P.C. of the murder of one. Murad Ali but were convicted under section 436, P.P.C. sentencing them to rigorous imprisonment for 10 years and a fine of Rs.50,000 each;…

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