Law: Penal Code (XLV of 1860)

Section: 302(b),364-A,201,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364-A, 201 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Recovery of dead body on disclosure of accused---Reliance---Accused were charged for committing murder of the minor nephew of the complainant after kidnapping him---In the present case, the pointation of the grave and subsequently the recovery of the dead body of the deceased with particular reference to the accused had been duly proved by the prosecution by considering the attending circumstances of the case---Recovery of the dead body vide exhumation memo from the graveyard of a village by itself was sufficient for basing conviction---Prosecution in order to prove the pointation memo examined two witnesses i.e. ASI and Inspector---Defence had not cross-examined the said witnesses with particular reference to the pointation memo and the same had remained un-rebutted and unchallenged---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed. Abdul Samad's case PLD 1964 SC 167 and Nazir Shehzad and other's case 2009 SCMR 1440 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364-A, 201 & 34---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Non-association of private witnesses in recovery proceedings---Inconsequential---Accused were charged for committing murder of the minor nephew of the complainant after kidnapping him---Defence had challenged the evidentiary value of the recoveries and discoveries mainly on the ground that police had not associated any independent witness with the said process and posed Police Officials to the recovery memos in violation of S.103, Cr.P.C.---Validity---Attesting witnesses of the recovery memos in…

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