Sajid Khan Vs The State etc.

f\

JUDGMENT SHEET

IN THE PESHAWAR IIIGH COURT,

BANNU BENCH.

(fudicial Department) J.Cr.A. No. 35-B/2024 with M.R. No.02-812024.

Sajid Khan.

Vs:

The State etc.

JUDGMENT

Date of hearing 06.05.2025.

For appellant: Mr. Arifullah Awan, advocate.

For the State: Mr. Najibullah Khan Marwat, Asstt: A.G.

For Respondent: Nemo.

ABDUL FAYAZ, J.-

1.At atial held by the learned Additional Sessions Judge, Karak at Takht-e-Nasrati, Sajid Khan s/o Mir Alam Khan r/o Jandakai, Zarki Nasrati Tehsil Takht-e-Nasrati District Karak, the learned trial Court vide impugned judgment dated 15.02.2024, held guilty the appellant for the commission of the offences, sentenced him as follows:-

i. Convicted u/s 302(b) P.P.C for committing Qatle Amd of his wife lulst. Amreen Akhtar, his mother Mst. Gul Qasam Zada and Mst.

Shabnam Bibi (wife of Abid Khan) and the convict Sajid Khan was sentenced to death on

tlree cottttts as Taazir and be hanged by neck till he is dead. He was further sentenced to pay a line to the tune of of Rs.200,000/-each within the meaning of section.s44'A Cr'P'C payable to the legal heirs of the respective deceased in default whereof he shall further undergo six montlu SI.

ii. Convicted u/s 324 P.P.C for effective attempt at the life oflulst. Nadia Javed andwas sentenced to 05 years SI with liru of Fs'50,000/-' in default whereof he slall further undergo 02 month SI.

iii. Convicted u/s 3i8 clause (c) P'P'C was sentenced to pcy one-twentieth of Diyat and also sentenced to suffer 07 months N' iv. Convicted tt/s 3i7-F(iii) P.P.C and was sentenced to suffer 03 years SI and also to pay Daman to the tune ofRs.100,000/- to the injwed Nadia Javed in default in pmtial or full payment of Daman, he be kept in prison and be dealt with in the sane manner if senterced to SI tntil Daman is paid in full or be released on f bait if fiitnishes secwity equivalent to the amount of Daman.

v. Corwicted tt/s it I P.P.C and sentenced to suffer life impr isonnent.

However, benefits of 382-8 Cr.P.C were ertended to the convict and all the awarded sentences were ordered to run concwrently'

2.As per contents of rePort, Jehangir Khan SI during routine patrol on 17.03.2020 receiving information regarding arrival of the dead bodies of deceased and injured to civil hospital Talht-e-Nasrati Karak, rushed there where Waseem Ullah (complainant) apprised him at about 2l:50 hours regarding the incident that on the eventful day, he was in his house when his niece Mst. Najla Bibi via cell phone contacted

him at about 2l:00 hours that Sajid accused for unknown reasons indiscriminately fired inside his house as a result whereof Mst. Shabnam Bibi, Mst. Nadia Javed, Mst' Amreen Akhtar and Mst. Gul Qasam ZaAa got hit, out of whom Mst' Amreen Akhtar, Shabnam Bibi and Mst. Gul Qasam Zada died' whereas, Mst. Nadia Javed sustained injuries' Complainant while charging the accused for committing murder of his sister Mst. Shabnam Bibi left charge of other deceased for their legal heirs and injured themselves for the commission of the crime' The incident was disclosed to be witnessed by Najla Bibi and Aqib. Domestic strained relations were described as motive for the event. The delay in lodging ofreport was explained to have been occurred on account ofinter-se distance between the spot and hospital. One Bahadar Sher verified the above report of the complainant. On the stength of murasila report, F'I'R No'152 dated 17 .03.2020 was registered r.r/ss 302l338-Cl3l I 13241337' F(iiD/109 P.P.C at Police Station, Y.K.S, Takht-e-Nasrati District, Karak. It is worth mentioning here that during investigation on Inayat Ullah was also arrayed as accused who allegedly facilitated the principal accused, by giving him Kalashnikov, in tlte case.

3.After the arrest of the accused, challan was submitted to the court of the leamed Additional Sessions Judge, Takht-e-

Nasrati, District, Karak, and on the conclusion of the trial' the

vide appellant was convicted and sentenced as mentioned above impugned judgment dated 15'02'2024' T"lrc appellant assailed appeal.

his conviction and sentence through the instant criminal

4.The prosecution in this case has examined as many as 17 witnesses in supports of its case' Thereafter, the leamed Public

Prosecutor closed the evidence ofprosecution and the accused was examined uts 342 Cr.P.C, however, neither had he wished to be examined as his own witness nor opted to produce defence and the leamed trial court pronounced the impugred judgment on 15.02.2024'

Pl 5. Arguments of leamed counsel for the appellant and that of leamed AAG for the State heard and record perused'

6.The impugrred judgment reflects a detailed and thoughtful analysis by the leamed trial judge, whose evaluation ofthe evidence resulted in the conviction ofthe appellant and the acquittal of the co-accused. The appellant stands charged with the murder of three individuals and the injury of a prosecution witress, and notably, he confessed his guilt before a court of competent jurisdiction. In light of this, it becomes the solemn duty of this Court to seek independent corroboration to ensure that justice is served without elror or prejudice' While

the confession and the recoveries from the crime scene' including spent cartridges' aPpear compelling, the Court must carefully assess whether these elements are suffrcient to uphold the conviction. In our pursuit of justice, we are bound to leave no stone untumed{o safeguard the innocent and hold the guilty accountable.

7.In this case, the complainant Waseem Ullah (PW-10)' aged around 29-30 yearsson of Yaqoob Khan, appeared before the fial court. Key prosecution witnesses include Mst' Najla Bibi (PW-12) and Mst. Nadia Javed (PW-13), who are the alleged eyewitresses to the incident. Additionally, Dr' Asma Rahim (PW-14), a Woman Medical Officer, conducted both the medicoJegal examination and the autopsy of the deceased' For ease of reference, their statements are reproduced below:- " Stotement ofllasim llllah aged about 29/30 years s/o Yaqoob Khan r/o Wagi Banda Taldtt-e'Nasrati District Karak on oath: -

Stated that deceased lvht. Shabnam was my sister who was wedded to Abid Khan, brother of accused facing trial Sajid Khan while the iniured luIst. Najla Bibi is the daughter of my niece. On 17.0i.2020, was I present in my house. At about 2100 hottrs, my niece tulst. Najla Bibi called me through cellular phone informing that accusedfac@ trial Saiid Khan entered into the room and. opened indiscriminate /iring as a result of which l,Ist. Naila Bibi, Mst. Shabnam, lvfst. Amreen AHttar, lvlst. Nadia Javed, and Mst. Gul Qisam Zada got hit and out of which Mst. Shabnan, Mst. Amreen Akhtar and lt[st. Gul Qisam Zada died while Mst. Najla Bibi and lvht. Nadia Javed received

inirtries. Thereafter, I reached to the place oJ oi"*r"*, and the dead bodtes were already shifted to vehicles and I alongwith the dead bodies proceeded to Civil Hospital Taiht-e-Nasrati. Afier sometimes of reaching thi hospital, I reported the matter to local ,"pori *ot reduced into writing in shape of "The oolice.

'Murastlla h. PA/l and afier being read over and explained to ne, I signed it while Bahadar Sher also virified my report by putting his stgtqture o-v11 it'-The injured nimeiy, t*i. Naita Bibi and Llst' Nadia Javed ie tne witnisses of the occurrence' Motive for the offence was domesiic disPute. I charged the accused facing triat for the cornmission of ffince' )O(" The distance in between my howe and spot -house would be 15 kilometers. I hne not disclosed the cellulu number from which I was informed regarding the occtrrence by trrht. Najla Bibi. Silniluly, I hove not disclosed in the contents of Mwasilla that upon receipt ofknowledge, I rushed to the spot house. The deceased llst. Slwbnam was my real sister and the wrfe of Abid Khan (real brother of accused Sajid

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Khan). reached to the spot at about 09:35/09:40 P.M. When I reached, the dead bodies were already shified to the vehicles. PW explained that there I met pf with luht. Najla Bibi and exchange words for a while. No body of the male and female inmates of the deceased and iniured house accompanied the dead bodies and injwed to hospital. PW explained that the neighbows and relatives of the dead and injured accompanied to hospital. PW fiirther explained that Aslam lchan, husband of deceased Mst. Gul Qisam Zada andfather in law ofdeceased Mst. Shabnam and Amreen Alrhtar and iniured Mst' Nadia Javed and grandfather of injured lulst. Nailo was outside the house in connection with Tableegh. Though, I harc stated in my in chief that lulst. Naila Bibi informed me that accused Saiid Khan entered into the room, however, the contents of FIR and Mwasilla are silent about entering into room by Saiid Khan. do not I exactly remember the time cowumed by me in hospital, however, I might halte remained there for about 30/60 mtnutes. I did not ctccornPany the dead bodies from the hospital to their house. PIV explained that from hospital, I shified my deceased sister luht. Shabnam to our househillage where, she was buried while rest of the dead bodies remoined inside the hospital. I am not the identi/iers of any of the dead bodies. I only charged the acaued for causing the

rrunder of my sister. Per contents of Murasilla and FIR, out of the firing of accused, Mst. Amreen Akhtar, i t. Gul Qisam fuda and Mst. Shabnam Bibi got hit and died while tuIst. Nadia Javed got injwed. While leaving the hospinl, veri/ier of Mwasilla accornpanied me. It is incorrect to suggest that I arn falsely deposing. It is further incorrect to suggest that I hove never been informed by luht. Naila Bibi about the occurrence nor I accompanied the dead bodies and injured to hospital. (Whole suggestions are incorrect)."

Stolement ol MsL Najla Bibi aged about 18/19 years d/o Abid Khan r/o JandahiZarki Tehsil Tal:ht-e- Nasrati District Karak on oath: -

Stated that deceased Mst. Slabnarn Bibi was my mother while deceased llrlst. Atnreen Aldhar was my paternal aunt while deceased ltbt. Gul Qisam Zada was my grandmother ard iniwed Mst. Nadia Javed is my paternal aunt whereas, accused facing trial is my uncle. On 17.03.2020, at about 08:55 P.M, I was sleeptng in my room and there my mother Mst. Shabnam Bibi and nry grandmotlwr Mst. Gul Qisam Zada was present in the room, at the meanwhile, the accused was quarreling with his wife lulst. Amreen P ta Alrhtar inside their room and the deceased lu{st. Amreen Akhtar ran towards out roorn where, I, my mother and my grandmother were already Present. The lvfst. Amreen Akhnr took shelter with the cupboard, the accused entered duly arned with Kalashnikov and started /irtng upon his wife lutst. Amreen Akhtar resultantly, she got hit andfell on the ground. lvly deceased grandmother Mst. Gul Qisam Zada tried to catch hold the accused and the accused also made Jire, she too got hit, received injures. Thereafier, the accused also fired upon my mother Mst. Shabnam Bibi who also got hit and my mother as well as ny grandmother died on the spot. Then the accused made /iring upon me and lvlst. Nadia Javed and as a result, I got hit on right hand while lulst. Nadia Javed also got hit. The injured ltlst. Nadia Javed then close the door of the room from inside. Then, I contacted my father Abid Khan through cellular phone who was in Islamabad and then called rny maternal uncle lVasim Ullah (complainant)

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informr.ng him about the occurrence. also lnter on veriJied the stte plan already prepared by the police.I charged the accused facing trial Sajid Khan for the

comtnission of offence. W statement was recorded by the lwestigating Ofiicer U/s 16l Cr.PC.

nL. I am matriculate and right now, I am the student of Madrassa. Though, I received injwy, however, for the treatment, I never visited the hospital

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for treatment.Afier receiving rniuries, was in my senses. The dead bodies of my mother, grandmother and aunt were shi/ted to hospital by rry relatives and neighbottrs, however, I had not accotnrynied them to

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the hospital. After the occuffence, remained inside the house on the night of occurrence and on the folbwing day and dwing this time, I have not recorded any staternent before police. It$ father reached to the house on the night of occurrence, however, I cannot tell the exact time of his arrival. Complninant Wasim Ullah rushed to tlu house, however, did not enter there and met me outside the house, there, I narrated the incident to him as I narrated before the Cowt. Majid Khan is ruy real unck who was in Lahore at the time of occtmence and reached to the spot house on the night of occurrence, however, I cannot tell the emct as well as approximate time of his anival. I met with the police for the tirst tirne on 19.03.2020. The police had come to our house on the night ofoccwrence before the reaching ofdead bodies from hospital, however, I had rot met with them and at that time, except me, none was present. The police entered the room where the incident occurred. The accused after entering in ott rootn and at the time of Jiring and thereafier was talking with himself about the presence of a cellular phone and that might be motive for the offence, however, I have nat disclosed this fact before police. I pointed out the place of occwrence to the police on 19.03.2021.1t is incorrect to suggest thdt per the narration of site plan, the occurrence is inside the room of accused. PW explained that the place of occwrence is the residential room of rty deceased grandfather.It is incorrect to suggest that I have stated in rny in chief that the occwrence took place inside my room. The police visited our house on the night of occtmence and on 19.03.2020 ond did not visit thereafier. It is incorrect to suggest that I am folsely deposing and was not present on the spot nor had witnessed the occurrence.

Statement of Mst Nodia Javed aged about 24/25 years wife ofJafer Khan d/o Iqbal r/o Jandaki Banda Zarki Tehsil Takht-e-Nasrati District Karak oath: - Stated that on 17.0i.2020, I, Idst. Shabnam, Mst. Amreena, lvlst. Gul Qisam fuda were present in the room of htst. Gul Qisam kda and were busy in gossiping. That in the meantime, accwed Sajid was quarrelling with his wife Mst. Amreen Ah:htlar (deceased). The accused Sajid duly armed with I{alashnikov made tiring upon us as a resutl of which I got hit and injured while Mst. Gul Qisam Zada, Iulst. Amreen Akhtar and lu{st. Shabram got hit and died on spot. Thereafter, I was taken to Civil Hospital Talcht-e- Nasratt and giving first aid, I was shifted to KDA Hospital, Karakfor further treatment. On 18.03.2021, police recordedny 161 Cr.PC statement. I charge the accused facing trial Sajid for the cornmission. )A(... I was shified to Civil Hospital Takht-e-Nasrati by my neigbotr namely, Bilal, Hilal and llyas and the said persons are not my relatives. I cannot exactly say the time for which I remained in Civil Hospital Takht- e-Nasrati. PW explained that I was seriously tnjured and was in deep trouble. From Takht-e-Nasrati hospital, I was straightaway shified to KDA Hospital, tr Karak in Ambulance. I cannot tell the exact time of my arrtval to KDA Hospital, Karakfor the reason that I was in serious pain and shock. n$ bl Cr.PC statement was recorded inside KDA Hospital, Karak. I was accompanied to KDA Hospital, Karak by Hilal, Bilal and llyas. The dead bodies were in Civil Hospital TaWtt-e-Nasrati at the time of my shifting to KDA Hospital, Karalc I remained hospitalized fo, fo* doys andwas discharge on 21.03.2020. PW Najla Javed did not accomtrnny us to hospital. It is incofiect to suggest that Pll/'Najla Javed was nat present in the house at the time of occwrence. h is correct that the occwrence is not taken place in the way and manner stated by me. It is incorrect to suggest that I am falsely depos ing. (llhole suggestions are incorrect).

" Stotement of Dr. Asma Rahim WMO Civil Hospital Takht-e-Nasrati on oath: -

Stated that on 17.03.2020 at about 09:45 P.M, I emmined the injured namely, Iulst. Nadia Joved ilo Jaffer Klwn aged about 20/21 years r/o Jandaki Z.arki brought by police fficial andfound the following.

Patient is oriented with blood presswe ol 1 00/70 having the following lirearm injuries' Injuries:

i:-' E*y wound % x y2 cm on dorsal swface of rigllt above wrist joint exit womd of I ni""r* - 'noking cm x 1 cm on ventral aspect of right forearm' 2. I cm x 2 cm FAI entry wotmd in the epigaslic- region just to kfi of center below le|t hltpochondriam with no exit wound'

After initial treatment and dressing, the patient was referred to DHQ Hospital, Karakfor tt'anngement and opinion.

As per discharge stip (in original) Surgical-B ward DHQ Hospital iarakreceivedwith the/inding of small hematoma with no gut or visceral injwy' X-rry abdomen and pelvis can be obtained for localization offirearm proiectile in case patient reryrt with some comPlaint.

Firal Opinioni Jtrah Jaiffahwith no grievous internal tnjwy.

Injtry sheet, discharge slip in original handed over to P& police.

Today I have seen the medico legal report which is h' PW l4/l which is correct and correctly bear my signatwe. The disclarge sliP is Ex. PIY l4/2' On same date, ol abortt 09:55 P.M, I conducted aatopsy on the body of deceased namely' -llst Amiein Akhtat wife of Saiid Klan brought by official Consnble Riaz Ullah # 5075, identi/ied by Fida Muhammad and Arsalan Ahmad and found the following.

External Appeatance:

Condition of subiect: Healthy, rigor tnortis not developed. Blood stained clothes.

Woands:

l. Firearm linear avulsive wowd 3 x I cm directed obliquely on lefi chest below left breast.

2.FAI arulsive wound obliEtely directed with width I x % cm over brt arm.

3.FAI lacerated wowtd over W hnnd with fracture lefi midd.le tinger alongwtth distorting sofi tissue of index and ringlinger.

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Internal:

Thorax: Walls, ribs and cartilages, plewae, left lung, pericardiwn and heart are injwed while rest are intact.

Abdomen: Intact.

CRAMAM AND SPINAL CORD:

Intact

M(LSC LES, BO NE S, JOINTS

Ribs and le/t middle /inger fractured. Rest intact' Remark:

In my opinion the deceased suffered dire-ct contusive W*y i the heart and hmgs with cardiopulmonary arrest and death.

Probable time that elaPsed:

Between iniury and death: 02 to 03 minutes' Between death and P.M examination: I/2 hows to I- I /2 hours.

Today I have seen the postmortem report Ex'PM ofthe deceased Mst. Amreen AWttar consisting of six sheets, which is correct and correctly bears my signatwe. The injwy sheet and inquest report also correctly bear rny

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endorsements. Afier PM exannirwtion handed over the last worn clothes to constable Riaz Ullah # 5075' e 4 On same dare, a, about 10:20 P.M, I conducted P autopsy on the body of deceased namely, Mst'. Shibian Bibi wife of Abid Khan brought by oficial Constable Riaz Ullah # 5075, identi/ied by Mwshid Nawaz and Balhtiar andfomd thefollowing. Ef,ernol Appearunce:

Condition of subiecl: Healthy, with sevett/eight montlu pregnant with no rigor nortis developed. Blood stained clothes.

Wounds:

4.Firearm entry wotmd I x I cn over W lower back (unber region).

5.FAI entry wound 2 x 2 cm W lower back above lefi buttoclc

6.Distort@ irregular Jiring with exit wornd of 3 cm x 4 cm in epigastric region with protrwion of stomach and intestinal contents.

Internal:

Thorox: intact.

Abdomen:Walls, Peritoruwn, diaphragm, stomach and its contents, Wncreases, small intestine and large intestine are iniured while rest are intact.

CRANIU M AND SPINAL CORD :

Intact

Drusc LEs, BO NE S, IoINTS Intact.

Rematks:

In my opinion - tle deceased suffered /irealm.injuries to splein and maior abdaminal vessel leading to ixtensive bleeding with shock and cardiopulmonary arrest.

Probable time thd elaPsed:

Between iniury and death: 03 to 05 minutes' Between death and P.M emmination: 0l to 02 approximatelY.

Today I have seen the Wstmortem report Ex'PIuI/lof the tleceased Mst. Shabrum Bibi consisting of six sheets, which is con'ect and correctly bears my signature. The iniury sheet and inquest report also cirrectly bear my endorsements' Afier PM exatnination I handed over the last worn clothes to constable Riaz Ullah # 5075.

On same date, at aboat 10:50 P,M, I conducted autopsy on lhe body of deceased ,ramely' Mst Gyl A*ii zan wrfe of Mir Aslam Khan brought by tJllah 5075, identified by iffrctat Constable Riaz i;tdo Muho*-ad and Arsalan Ahmad and found the g' following.

fuernol Appearance:

Condition ol subiect: Healthy, no rigor mortis developed Blood stained clothes.

ll/ounds:

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Single firearm entry wound I x cm on right infra- claiicular fossa with exit wouttd l-l/2 cm x l-l/2 cm on lateral side lefi lower back Intemal:

Thorax: Walls, ribs cartilages, pleurae, right lmg, teft lung, pericardhnn and heart are iniured while rest are intact.

CRANIAM AND SPINAL CORD:

Intact Abdomen: Esophagus and lefi diaphragn injwed'

MI] SCLES, B ONES, TO I NTS

Intact.

Remarks:

In my opinion the deceased suffered tirearm injurydirectty to the heart which result into cardiac arrest and death dttc to ertensive bleeding. Probable time lhat elapsed:

Between injury and death: 02 to 0j minutes.

Between d.eath and P.M examination: l-1/2 to 2-l/2 approximatelY.

Today I have seen the postmortem report Ex'PIuI/-2of the ieceased Mst. Gul Qisam Zada consisting of six sheets, which is correct and correctly bears my signaiure. ru tniury sheet and inquest report also, cinectly bear rny endorsements' Afier PM examirwtion I handed over the last worn clothes to constable Riaz Ultah # 5075. Todcy I have seen the above refened documents which are correct and correctly bears mY signatuxe'"

8.On the following day of his physical remand, i'e', 20.03.2020, the convicUappellant expressed his willingtess to confess. Consequently, he was presented before the Judicial Magistrate on 21.03.2020, where, after the fulfillment of all legal and procedural requirements' his statement was duly recorded under Sections 164 read with 364 of the Criminal Procedure Code, 1898' The central issue now before this Court is the nature of this confessional statement-whether it was made voluntarily or obtained through police pressure. Although the term "confession" is not explicitly defined inthe Qanun'e' Shahdat Order, the superior courts have consistently held it to be a voluntary acknowledgment of guilt by the accused, wherein he narrates the incident in detail along with the underlying motive.

g. After the arrest of appellant in some other case vide FIR No.160 dated 19.03.2020 t/s l5 AA, PS, YKS, Tehsil Takht-e-

Nasrati District Ikrak, and he too was shown arrested in the instant case. Police obtained his physical remand on20.03.2020 whereby his remand was authorised for one day to police, and during interrogation, he choose to confess his guilt. Thereafter, on 21.03.2020, he was brought before the concemed Judicial Magistrate via application Ex.PW-3/l and after observing all the codal formalities, his confessional statement was scribed' The prosecution examined the concerned Judicial Magistrate as PW-2, who frrlly supported the stance of prosecution' This witness stated in his court statement that the appellant was produced at 10:45 a'm, in his court, his handcuffs were

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removed and he was put questions just to determine the factum ofhis recording confession voluntarily, whereafter, on expiry of 30 minutes given in order to rethink, he was asked regarding his readiness to record true and voluntary confession, subsequently' he got recorded his confessional statement' Questionnaire was produced as EX.PW-2/l (02 pages), and perusal of the same reveal that it includes all the essential question being asked by the magistrate concerned from the appellant before going to record his confessional statement Ex.PW-212 alongwith certificate Ex.PW-2/3. PW-2 at the bottom of his examination- in-chief stated that after the confessional statement of the appellant was recorded, he was handed over to Naib Court for

lodging in judicial lockup. Though this wihress was subjected to lengthy cross examination, but nothing favourable to the prosecution could be brought out of his mouth rather he remained consistent on all the material aspect of his statement and termed incorrect the suggestion that the confession of appellant was recorded without observing the codal requirements. Though the appellant's opt for trial has almost retracted from his confessional statement. It is well settled that reffacted confession if proved otherwise can safely be made foundation to record conviction. In plethora ofjudgments of the superior courts of the country it has been held time and again that retracted confession is permissible in evidence, provided if it is proved otherwise.

10.Before relying on the retracted confession, it must be inquired and to see into all material aspects and surrounding circumstances for full satisfaction regarding the truthfirlness of confession. The evidence of prosecution particularly the statement of concemed Magistrate (PW-2) is evident of the fact the he has observed all the legal and codal requirements before and after recording the confessional statement of the appellant.

It is also sigrrificant to note that the confession so recorded was within shortest period of physical custody so granted to the police, because admittedly, the appellant was arresGd on

19.03.2020 in another criminal case u/s 15 AA and on the sarne day the local police also issued his anest card Ex.PW-S/l in the instant case too, whereafter, he was produced after expiry ofhis 24 hours legal confinement, t}e local police produced him before the concemed Judicial Magistrate on 20.03.2020 requesting his physical remand which was allowed for only one day and during the course of interrogation he plead his guilt before police and opted to record his confessional statement, thus, on the following day on 21.03.2020, he got recorded the same. Admittedly, at the first instance the magistrate concemed granted only one day physical custody of the appellant while the same was not extended further. Hence, the above all leads this court nowhere but to hold the confession as voluntary one f is not the result of any coercion of duress. The appellant himself has explained wetl all other material aspect and surrounding circumstances minutely, which led him to record confession, and this fact has also been established by the evidence.

11.The confessional statement was thoroughly and we found no reason to doubt its truthfulness or Although the accused later retracted the

statement during proceedings under Section 342 Cr.P.C, such a retraction does not, in itself, diminish the value of a confession

that was lawflrlly and voluntarily made. The true measure lies in the confession's intrinsic merit, not in its withdrawal. If the court is satisfied that the confession is genuine and made of the accused's own free will, it remains admissible, even if rehacted later. We are fully convinced that the confession bears no inherent flaws, is both true and voluntary, and may be considered, provided it is supported by corroborative evidence from the prosecution. By holding so, we place reliance on the judgment rendered by the Apex Court in the case of "The State Vs Minhwt" IPLD 1961SC 813J:

"Retracted confessions, whether iudicial or extra-judicial, could legally be takBn into consideration against the maker of those confessions himself and if the confessions weie found to be true and voluntary, then ud there was no need at all to look for further corroboration. As against the maker himself his confession, judicial or extra- judicial, -can whether retracted or not retracted, in law validly form the sole basis of his conviction, d the Court is satis/ied and- believes that it was true and voluntary and 'ntas not obtained by torture or coercion or inducement. The question, however, as to whether in the facts and circumstances of a given case the Court should, act upon such 'a confession alone is an entirely ffirent- question, which relates to the weight and ividentiary value ofthe confession and not to its admissibilitY in law. "

12.Similarly, in the case of "Bilal v' The State" 12024 P.Cr.L.J 1792 {Balochistan Turbat Bench}l' it was held:-

"6. Furthermore, the accused's confession recorded by PW-4 Noor Bakhsh Mengal, Judicial Magistrate, although retracted, remains a significant piece of evidence. The law stipulates that a retracted confession can form the basis of conviction if it is found to be voluntary and true and is corroborated by other evidence. The record reveals that at the time of recording the statement of PW-4, the thumb impressions of the accused were also talcen on the statement of said witness but no request or application was nade by the learned counsel for the veri/ication of thumb impressions. It is the duty of a party contending that docwnent does not contain his genuine thwnb impression; such party should request court for sending such document for comparison to concerned expert at hts expense. Even otherwise, the statement of judicial magistrate shows that he has recorded the statement of accused

Pf under section 164 Cr.P.C ofter obseming all the legal formalities."

13.In this tragic and heart-wrenching incident, the accused mercilessly claimed the lives of three innocent individuals-his own mother, his wife, and his sister-in-law who was seven to eight months pregnant. He further inflicted grievous injuries upon another sister-in-law, Mst. Najla Bibi (PW-12), and his young niece, all within the confines of their shared family home. Notably, the accused never denied his presence at the scene, and the absence of other male family members at the time has been clearly established.

14.The investigating officer (PW-9) collected key forensic evidence from the crime scene, including blood-stained earth,

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six 7.62 bore empties, a spent bullet, and a bullet cover. These recoverles were corroborated by the marginal witness PW-7 and supported by a positive forensic repott @X.PZll), confirming all six empties were fired from the same weapon. This forensic evidence supports the appellant's confessional statement and strengthens the prosecution's case, especially as substantive evidence has also been established.

15.Now tuming to the star witness Mst. Najla Bibi (PW-12), being a natural eye-witness has fumished minute details of the episode which fully corroborates the version of prosecution.

This witness has stamp of injuries on her body. The real father of appellant Mir Aslam Khan @W-17) has further corroborated the stance of prosecution by saying that during the relevant days he was out of home in connection with Tableegh and similarly, his sons Majid Khan, Jaffar Khan and Abid Khan were also not at home at the time of incident. Though, it was easy for the prosecution to have shown the presence of a male family member but since they were not really present, thus, a truthful oral account of the incident was fumished. The father PW-17) of appellant also deposed that the appellant is a disobedient and desperate, who had already killed his close friend as hire assassin. Hence, such portion of his statement being of greater significance wordr reliance as he being real

father of appellant will naturally depose in favour of his son' if charged falsely. Hence, there is sufficient evidence which supports the plea ofprosecution that due to non-availability of male member of the family the incident was witnessed by the natural witnesses/ladies of the house. The complainant was examined by the prosecution as PW-10 though he is not an eye witness of the incident but only reported the event in order to put the law into motion.

16.Dr. Asma Rahim was examined as PW-14, who got examined the injured as well as conducted autopsy on the dead bodies ofthe three deceased and found fire-arm injuries on the person of the injured and that on the dead bodies of the ladies' r'. Her statement established the factum of firing from a close

P

distance upon the deceased. Hence, the medical evidence is also in line with the site plan and the oral evidence of the eye- witnesses account, so fumished by the prosecution in support of its case. Though all the prosecution witnesses were subjected to lengthy cross-examination, but nothing favourable to defense could be elucidated out of their mouths rather they remained consistent on the material aspect of the case.

17.As the entire case depends upon statements of Mst. Najla Bibi (PW-12), Mst. Nadia Javed (PW-13), the circumstantial

evidence and the confessional statement of the appellant, so it was for the prosecution to collect evidence from different sources and thereafter, the collected pieces of evidence should be placed together, so that a well built net could be formed, the links must be connected and when a tink is missing, the same cannot be taken into consideration to convict the accused charged, as it is the bounden duty ofthe prosecution to create a well built chain with its one end touching the body of the deceased and the other, the neck ofthe appellant. Right from the beginning till the end, we are fully convinced that the prosecution succeeded in proving the guilt of appellant while the defense failed to point out even a single doubt, as such has rightly been considered by the leamed trial court while convicting the appellant.

18.Though leamed counsel for the appellant vehemently argued regarding quantum of sentencerthat from the facts and circumstances, it is a case of section 302(c) P.P.C' In this regard we have minutely perused the entire record of the prosecution case, but keeping in view tlre voluntary confessional statement, only on suspicion he committed the murder of three ladies deceased just for no fault on their part. Even, his own father deposed against appellant, so keeping in view the medical evidence, confessional statement, the mode and manner in

which the callousness shown by the appellant does not entitle him for any leniency in the sentence. Reliance in this regard is placed on the case of Amir Khan v. The state and another portion of the [2000 MLD @eshawar) 7661, the relevant

judgment is as under:-

'16. Keeping in view the above discussion, we are of the view that the prosecution has successfully proved its case against the accused-appellant beyond any shadow of reasonable doubt and the learned trial Judge has rightly awarded the penalty ofdeath to the accused-appellant in the circumstances of the case. The impugned iudgment of the learned trial Judge is, therefore, upheld and the appeal in hand is hereby dismissed."

19.In view of the above, it is established on record that the appellant had promptly confessed his guilt before the Judicial Magistrate which rings true besides being voluntary and find coherence from the recorded evidence, therefore, was rightly admitted by the trial Court in evidence and based his conviction on the said retracted confessional statement' Thus, we have reached at tlte conclusion that the case against the present appellant for the murder of the three ladies beside the injured was duly established by the prosecution and the findings in this regard are not open to any exception and that the impugned judgment is well reasoned in all respects.

Although despite constant search, we could not come across

any illegalrty or irregularity and the same being well reasoned, calls for no interference. The instant criminal appeal being bereft of merit is hereby dismissed.

20.As we have dismissed the instant appeal, therefore, the Murder Reference sent by the trial court is hereby answered in affirmative.

tl- Announced Dt:06.05.2025 *Imranullah*PS -Sd- Judge t$t

JUDGE

-Sd- Judge

JUDGE

@.B) Hon'ble Mr. Justice Muhrmmrd Trriq Afridi & Hon',ble Mr. Justicc Abdul Feyez