Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.--- Ss. 302/34 & 324/34---.---Constitution of Pakistan (1973), Art.185(3) ¬Neither the complainant, nor the injured witness, nor any eye witness had been examined to prove the charge against the accused and his conviction was solely based on his retracted confession---.---Leave to appeal was granted to accused by Supreme Court to consider whether in the absence of any other evidence it was safe to record conviction of accused on his retracted confession alone. (b) Penal Code (XLV of 1860)---.--- ---.--- Ss. 302/34 & 324/34---.---Appraisal of evidence---.---Recording of judicial confession of accused after two days of police custody would not affect its voluntariness---.---No reason existed to disbelieve the Magistrate who was an independent official witness and who had observed all the necessary precautions before recording the confessional statement of the accused even though he was warned that if he did not wish to record his statement he would not be handed over to police---.---Confession made by accused was inculpatory in nature and rang true---.---Details given by accused regarding their relationship and subsequent events had established voluntariness of the confession---.---Although the confession was retracted at the trial, yet it being voluntary and true could be relied upon and used against the accused ¬Confessional statement was corroborated by medical reports of the deceased and the injured---.---Locale of the injuries and the weapon with which the same were caused as given in the medical certificates were the same as stated by the accused in the confessional statement---.---Complainant had admitted the relationship of the parties as given by the accused in his confession, altercation before the murderous assault and fatal firing by the accused and his brother in his statement incorporated in the F.I.R. ¬Convictions and sentences of accused were upheld in circumstances. Wazir Khan v. The State 1989 SCMR 446 ref. Per Rana Bhagwandas, JUSTICE: (c) Penal Code (XLV of 1860)---.--- ---.--- Ss. 302/34 & 324/34---.---Appraisal of evidence---.---Complainant having not been examined at the trial, contents of…

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