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MASHOOQUE ALI vs State Ss — 2022 PCrLJN 62 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 62 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MASHOOQUE ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; 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

MASHOOQUE ALI VS State Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Confessional statement---Scope---Prosecution case was that the accused along with co-accused persons committed murder of the sister of the complainant---Confessional statement of accused was recorded by the Judicial Magistrate, who stated that accused was produced before him and after observance of usual formalities his confessional statement was recorded---Accused in his confessional statement had stated that he alone had committed murder of his wife by causing hatchet blows to her---Nothing was on record to suggest that the confessional statement of accused was recorded after putting him under duress---Magistrate had denied the suggestion that the complainant was present at the time when the confessional statement of accused was recorded---Magistrate was an independent person, his evidence was to be believed least to the extent of a voluntary confession.

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