Law: Privilege- Evidence Act (1 of 1872)

Section: 27

P L D 1956 (W. P.) Karachi 350         Evidence Act (1 of 1872), S. 27-Statement after discovery of dead body-Inadmissible.   Where a dead body had been pointed out by accused and a stained shirt on which the chemical examiner did not find any human blood, had been discovered after the first report was recorded.   Held, the evidence was inadmissible and was to be excluded.   Criminal trial-Motive as basis of conviction.   Motive is often a matter of conjecture and cannot alone form basis of conviction or corroboration of the confession.     JUDGMENT   MUHAMMAD BACHAL, J.-The appellant has been convicted, in disagreement with the assessors, by the 2nd Additional Sessions Judge, Nawabshah, under section 302, P. P. C., and in view of his youth sentenced to transportation for life. The question of enhancement of sentence is also before us for consideration.   The incident is alleged to have occurred on the night be tween 14th/15th March 1955, at Deh Danbir Taluka Moro near the passage going from Moro to Hari Soomro village. Sunharo, brother of Saleh, deceased, went to the Police Station Moro, 8 miles from his village. His first information was recorded at Moro on the 15th March 1955, at 10 a.m. to the effect that about 5-6 months back he and his brother Saleh with their wives migrated from Ghulam Chandio's village to Haider Chandio's village where after about a month the accused and his mother came and told them to migrate to their village Haji Soomro village where they would find much work. 2-3 days thereafter they migrated Haji Soomro village and stayed in the house of the accused. About l months thereafter he and his brother Saleh suspected that Saleh's wife was on illicit terms with the accused and therefore wanted to migrate. The accused, Ghulam Husain. Tajo, Kutubdin and Daud entreated them not to migrate and assured them that they were their helpers and remonstrated with the accused. Because of these assurances they continued staying in the village. Some days thereafter Saleh complained to him and his wife that his wife had illicit connections with the accused and, therefore, asked them…