NUSRAT JAN vs State Ss — 2021 YLR 2138 SUPREME-COURT-AZAD-KASHMIR

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NUSRAT JAN VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Confession, recording of---Scope---Accused was charged that she with the abetment of co-accused by administering poison caused the murder of her husband/brother of complainant---Prosecution had produced the statement of accused, recorded under S.164, Cr.P.C, by the Judicial Magistrate, wherein, she had admitted the manner of occurrence and illicit relation with the co-accused and administering the poison to the deceased---Said statement had not been denied by her at the time of her statement recorded under S.265-D, Cr.P.C rather she had admitted the same---Accused though had not owned the statement recorded under S.164, Cr.P.C., while making the statement under S.342, Cr.P.C, but said denial was not sufficient for discarding the confessional statement which had been owned by her at the time of framing of the charge---Statement was reliable and all the codal provisions had been complied with by the Judicial Magistrate before recording the statement---Fact that accused applied to the Civil Judge for recording of her statement in the terms that she wanted to marry the co-accused, was also an admitted fact and the same had not been denied by the accused---Such conduct of the accused proved the motive for taking life of the husband---Such was the strong corroborative piece of evidence which could not be ignored lightly---Circumstances established that the prosecution had proved its case against the accused, however, after considering the entire evidence and circumstances of the case, while maintaining the conviction, the sentence awarded to the accused by the Trial Court was reduced to the sentence already undergone---Appeal was disposed of accordingly.

NUSRAT JAN vs State Ss — 2021 YLR 2138 SUPREME-COURT-AZAD-KASHMIR

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