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AKBAR KHAN vs State S — 2021 YLRN 123 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 123 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
AKBAR KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 342; S. 161

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AKBAR KHAN VS State S. 302 (b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of his mother and her paramour due to existence of their illicit relations, he had himself lodged the FIR---Record showed that the accused had not recorded judicial confession before competent forum i.e. Ilaqa Magistrate, which made the lodging of the report by the accused doubtful---Accused had subsequently denied commission of the offence in his statement recorded under S. 342, Cr.P.C.---Had accused voluntarily recorded his report of the occurrence with the assertions as contained in Murasila, he would have also confessed his guilt before Magistrate, when he was produced there, on the following day of his arrest---Non-making of confession by accused raised a lurking question about the veracity of lodging of report by him and owning responsibility for commission of the offence---Lodging of such report even otherwise might have not been construed more than an extra judicial confession before the police who got attracted to the spot as first responders---Such a confession before Police Officer was not admissible in evidence---Oral statement of brother of the accused recorded as witness was of no worth for the prosecution as he had resiled from his earlier statement recorded under S.161, Cr.P.C. and he was though declared hostile but nothing beneficial to the prosecution could be extracted from his mouth---Father of the accused got recorded his statement as witness but he was not an eye-witness of the occurrence and his statement was based on hearsay, which was not admissible in evidence---Statement of father of the deceased lady recorded as witness and a somewhat similar narration had also been recorded by wife of the deceased recorded as witness but all the statements were based on hearsay and could not, therefore, be relied upon safely in absence of direct evidence---Appeal against conviction was allowed, in circumstances.

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