Law:

Section:

(a) Evidence Act (I of 1872)--- S. 27-[Murder case]-Discovery-Skeleton, allegedly of deceased, discovered by first informant and Police informed of discovery-No fresh discovery made "in consequence of the information received" from accused-Conduct of accused in having led Police to place where skeleton law, in circumstances, held, inadmissible in evidence-­[Evidence]. (b) Evidence Act (I of 1872)- - S. 133 read with S. 114, illus. (b)-Approver, evidence of-Approver though a competent witness yet Courts invariably follow in such cases rule of common prudence enshrined in illus. (b) to S. 114 and insist on independent corroboration of his testimony in material particulars-Rule though a rule of practice has acquired rigidity of law. Abdul Qadir v. The State P L D 1956 S C (Pak.) 407 and R. v. Basker ville (1916) 2 K B 658 ref. (c) Penal Code (XLV of 1860)- - Ss. 302 & 364--Kidnapping or abducting in order to murder--Evidence of prosecution witnesses not natural and confidence-inspir­ing-Approver's evidence not confirmed in material particulars by independent evidence-Charge under S. 302, in circumstances, held, cannot stand-Independent evidence, however, available in respect of charge under S. 364-Accused having definite motive against deceased, leaving for another village for residence after his sister being restored by deceased to him-Prosecution witnesses testifying to have last seen deceased alive in accused's company and evidence of witnesses revealing accused having come to deceased's village to ask him on false pretext to accompany him to attend a wedding ceremony in his family-Evidence direct and circumstantial leading to conclusion of deceased having been induced to accompany accused on false representation made with a view to so disposing of deceased as to be put in danger of being murdered-Whether deceased actually done to death and if so by whom-Not gravamen of offence under S. 364-Fact remaining of deceased not having been seen alive or heard of for about 10 years - Offence under S. 364, held, amply brought home to accused. Muhammad Bilal, Advocate Supreme Court for Appellant. Muhammad Hanif Bhatti. Advocate Supreme Court instructed by S. Ijaz…

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