Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Criminal Procedure Code (V of 1898) S. 103--Recovery evidence, validity of-Accused already in custody of Police before registration of case, commencement of investigation and effecting recoveries-Whole show of recovery staged by Investi gating Agency, held, no more than a mock one, in circumstances, [Recovery]. (b) Criminal Procedure Code (V of 1898) S. 103-Revision (criminal)-Recovery of incriminating articles disbelieved-Prosecution witnesses interested and their evidence finding no reliable corroboration to link accused with commission of crime--Evidence of last seen not confidence inspiring while prosecu tion case belied by medical evidence- Order of acquittal, held, did not suffer from any illegality nor improper, to circumstances. [Evidence--Acquittal]. Dates of hearing : 4th to 7th May, 1980.   JUDGMENT This revision petition under section 439 of the Code of Criminal Procedure moved by Sardar Shah calls in question the validity of the judgment of the learned Additional Sessions Judge, Faisalabad, dated the 20th December, 1979, acquitting Muhammad Habib , son of Abdullah, caste Bhatti, aged 25 years, cultivator and Abdul Razaq alias Zakir Hussain, son of Ghulam Hussain, caste Arain, aged 32 years, labourer, resident of Chak No. 331/J. B., Police Station, Toba Tek Singh, District Faisalabad, respondents, of the charge of murdering the petitioner's brother, Bahadur Shah, son of Ahmad Shah, aged 55 years, resident of Chak No. 2/10-L, police station Harappa, Tehsil and District Sahiwal, and causing disappearance of evidence pertaining to his murder. The State declined to file appeal against acquittal of the respondents. 2. No motive for commission of murder of Bahadur Shah deceased by the respondents was alleged by the prosecution. The events and circumstances leading to disappearance of Bahadur Shah and involvement of the respondents in the case, as set out in the petitioner's application made to the Station House Officer, police station Harappa, on the 10th June, 1977, Exh. P. D. which constitutes the first information report and on whose basis the formal first information report, Exh. P. D/1, was regis tered at police station Harappa at…