Law:

Section:

(a) Penal Code (XLV of 1860)-S. 302-Murder-Victim of fatal firing not heard of ever since and on positive attempt made by investigating agency to find out his dead body-Ocular testimony establishing victim having been fired a1 and killed-Blood-stained earth recovered from place where victim fell and such blood proved to have been of human origin- Corpus delicti, even though missing, homicidal death. in circumstances, held, neverthe­less established.-[Corpus delicti--Murder]. Muhammad Ismail v. Khushi Muhammad P L D 1974 S C 37 distinguished. (b) Criminal Procedure Cede (V of 1898)- S. 342-Statement of accused - Explanation of circumstances appearing in evidence--Accused represented by counsel, himself appearing and hearing entire evidence-Accused questioned about incriminating gun but not stating sane having not belonged to him­. Accused's counsel also not bringing objection to notice of Court­ Omission to put question to accused whether his gun matched with a crime empty, held. cannot in circumstances be fatal-Failure not having occasioned any failure of justice, objection overruled. Aminul Haq v. The Crown P L D 1962 F C 62 and Munawar Ahmad v. The State P L D 1956 S C (Pak.) 306 distinguished. Din Muhammad v. The State 1969 S C M R 777 held not helpful. Abdul Wahab v. The Crown P L D 1955 F C 88 and Muhammad Sontlar Ali v. The State 1969 S C M R 461 ref. (c) Evidence Act (L of 1872)- S. 8-Abacondence of accused -Absence of accused from house and return of warrants unexecuted-Ilaqa Magistrate recording statement of police official concerned initiating proceedings against accused under Ss. 87 & 88, Cr. P. C.-Station House Officer also stating to have remained In continuous search but failed to trace out accused- ­No question put to either police witness about whereabouts of ac­cused-Accused surrendering only after issuance of proclamation­. Accused, held, remained in hiding and their abscondence proved-­Abacondence, held further, though not conclusive by itself to establish guilt and its probative value dependent on facts and circumstances of each particular case, yet universally admitted as evidence of guilt of accused.-[ Crossfield's case 26 How. St. T.…

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