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JUMA KHAN vs State S — 2022 PCrLJ 1427 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 1427 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
JUMA KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 164---Q; S. 164; Criminal Procedure Code (V of 1898)

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

JUMA KHAN VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused, recording of---Scope---Accused was charged for committing murder of his wife/sister of complainant---Record showed that the case of prosecution had been further strengthened from the confession as well as extra judicial confession of the accused---Confessional statement of the accused under S. 164, Cr.P.C., transpired that all the necessary precautions were taken by the Magistrate prior to its recording---Accused was given sufficient time to reconsider his consent for recording his confessional statement---Accused had specifically been asked whether he was pressurized, tortured or compelled for recording such confession, but he replied in negative, whereafter Judicial Magistrate started recording the statement of accused---Confession of the accused disclosed the motive behind the occurrence i.e. illicit relations of his wife with her paramour---According to accused prior to committing the murder of the paramour of his wife/deceased, he was warned to restrain, but he started calling him with bad names---Confession had been made voluntarily without duress or inducement---Confessional statement of the accused was free from all taints, thus the same was admissible under the law---Circumstances established that the prosecution had succeeded in proving the charge against the accused beyond the shadow of any reasonable doubt---Appeal against conviction was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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