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Criminal Miscellaneous No. 1 of 1987 in Criminal Appeal No. 204 of 1987, decided on 1st June, 1987.
---S.426--Penal Code (XLV of 1860), S.302--Suspension of sentences- Conviction based only on circumstantial evidence and extra-judicial confession--Extra-judicial confession made before person in authority- Evidence of recovery of Chhuri not corroborated by any other witness--Accused a youth of 14/15 years--Sentence suspended in circumstances.
Mian Muhammad Akram Ranjha for Petitioner
This is an application for the suspension of sentence of Muhammad Mushtaq petitioner who stands convicted under section 302, P.P.C. and sentenced to imprisonment for life plus, fine for the murder of Muhammad Ishfaq deceased.
2. Suspension of sentence is claimed on the grounds that there is no direct evidence in the case and the conviction has been recorded mainly on the basis of circumstantial evidence i.e. motive, last seen recovery of blood-stained Chhuri at the instance of the petitioner and extra-judicial confession before Muhammad Bashir, P.W.7 and Muhammad Sharif P. W . 8.
It is stated that the extra-judicial confession is without any significance because Muhammad Bashir P.W.7 at whose dera it was made was person in authority being Chairman, Union Council and further that the evidence of last seen is also without any significance because Bashir Ahmad P.W.5 who had deposed about it is a close relation of the deceased and had merely claimed to have seen the deceased and the petitioner going together to school and there is no evidence that the deceased did not attend the school on that date. He is also a witness to the recovery of blood-stained Chhuri at the instance of the petitioner. Akbar the 'other witness who could corroborate him was not examined by the prosecution. The petitioner is a youth of the age of 14/15 years.
3. In view of the above circumstances, I am inclined to suspend his sentence and order accordingly. He shall be released on bail on his furnishing bail bonds in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of A.C. Wazirabad.
S.A./M-233/L Bail granted.
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