MUHAMMAD SAMI alias MUHAMMAD ADIL vs State Ss — 2022 YLRN 173 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SAMI alias MUHAMMAD ADIL 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---Delay in recording the confessional statement---Scope---Accused was charged that he along with his co-accused committed murder of the brother of complainant by strangulation and then his throat was cut by knife---Admittedly, confessional statement of the accused was made after a delay of about eleven days of his arrest---Said delay had been explained on account of the absence of a Judicial Magistrate to record his confession earlier---No hard and fast rule existed about any particular delay detracting from the legal validity of a retracted judicial confession---Retracted judicial confession as made by the accused could be relied upon---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however the case of prosecution was largely turned on circumstantial evidence, thus the death sentence was converted into life imprisonment---Appeal was dismissed with said modification in sentence.

MUHAMMAD SAMI alias MUHAMMAD ADIL vs State Ss — 2022 YLRN 173 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported