' KHALIL-UR-REHMAN RAMDAY, J.--- Rana Muhammad Afzal respondent was tried and convicted by a learned Additional Sessions Judge at Lahore vide judgment dated 7-2-2000 and sentenced to suffer ten years' R.I. As Tazir under section 308(2), P.P.C. The deceased in the present case was the wife of the said Rana Muhammad Afzal. The Honourable High Court on appeal set aside the said conviction and punishment and acquitted Afzal convict of the said charge.
2. The petitioner before us is the brother of Zulekha alias Nainan deceased who impugns the said acquittal recorded in favor of the said accused-respondent.
3. We have heard the learned counsel for the petitioner at some length who has not been able to point out any factual or legal infirmity in the impugned acquittal with which the respondent was blessed by the High Court. It is not denied that the killing of Zulekha deceased had gone un- witnessed as none had seen anyone murdering the said deceased. Reliance by the learned Advocate Supreme Court is placed on the statement of Rana Muhammad Lateef (P.W.5) who claimed that Rana Muhammad Afzal had come to him and had made a confession of his guilt in the matter of the said murder. The other witness of the said extra-judicial confession namely Naeem Irshad, Advocate (P.W.4) had however, refused to support the prosecution case. The heavy reliance on the said testimony of P.W.5 is misplaced for more than one reasons. Firstly because he is a Police Officer and a confession made in presence of a Police Officer is not admissible and secondly because the Courts of law have never considered it safe to base a conviction only on an extrajudicial confession. Reliance was next placed on Exh.D.D., .Which is an affidavit of Muhammad Irfan petitioner forgiving the respondent Rana Muhammad Afzal, from which the learned Advocate Supreme Court wishes us to conclude that the accused having sought pardon had impliedly confessed his guilt. This submission to say the least, is fallacious.
4. Having examined all aspects of the matter, we find no merit in this petition, which is accordingly dismissed and leave refused.
Leave to .