GHULAM SHABBIR Versus THE STATE

ORDER

Ghulam Rasool son of Rahmat Ali, aged 27/28 years, petitioner has moved application under section 426, Cr.P.C. for suspension of conviction of sentence of life imprisonment (S.-I.) awarded to him under section 302(b), P.P.C. by the learned Additional Sessions Judge, Gujranwala vide judgment, dated 21-3-1995 in case F.I.R. No.323, dated 19-8-1993 under section 302/34, P.P.C., Police Station Satellite Town, Gujranwala.

2. The suspension of sentence is sought on the ground that no overt act has been attributed to him except that he stood nearby when his co-accused inflicted Chhuri blows to the deceased; the trial Court relied on extra judicial confession and on the statement of P.W.4 recorded after 24 days of occurrence and no notice is alleged to the petitioner.

3. Father of the deceased got registered F.I.R. Exh. P.A. on the same day of occurrence in which neither he mentioned the names of the culprits nor had shown any suspicion as to the murderous; the petitioner, alongwith the co -accused was arrested on 4-10-1993 on the basis of extra judicial confession and on the statement of P.W.4 Sana Ullah, recorded after 21 days of the occurrence; who had stated that he had seen the occurrence on 19-8-1993. While P.W.5 (Bashir Ahmad's) statement was recorded after 18 days of the occurrence wherein he stated that the petitioner told him that he had taken the deceased just in the street and co-accused had inflicted Chhuri blows to the deceased and P.W.6, Muhammad Akram stated even his statement was recorded after 15 days, that the petitioner and co-accused met him very next day of occurrence and had confessed murder of the deceased and sought the witness to get pardon for committing the said offence from his relative.

4. The petitioner has challenged the legality of the order, which carries weight as it is well-settled that a joint extra-judicial confession is inadmissible in evidence, even otherwise it is also well-settled that evidence of extra judicial, confession is a weakest type of evidence unless corroborated by independent and unimpeachable evidence, the evidence of P.W.4 was recorded after 21 days prima facie is not confidence inspiring.

4-A. Keeping in view the above circumstances, the conviction and sentence; awarded to the petitioner is suspended and is allowed bail in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the trial Court.

N.H.Q./G-9/L Sentence suspended