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1987 SCMR 581 Present: Aslam Riaz Hussain and Mian Burhanuddin Khan, JJ MUHAMMAD BASHIR and others--Petitioners Vs THE STATE--Respondent Criminal Petition for Special Leave to Appeal No. 469 of 1985, decided on 11th January, 1987. (Against the of the Lahore High Court, Lahore, dated 22-10-1985 passed in Cr1.P.S.L.A. No. 469 of 1985). Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Leave to appeal, grant of--Appreciation of evidence--Prosecution relying on testimony of chance witness--Delay in reporting matter to police about disappearance of deceased--Recovery of incriminating articles and extra-judicial confession doubtful--Leave to appeal granted to see whether well-established principles of appreciation of evidence in criminal cases had been followed. M. Saleem Sheikh, Advocate Supreme Court and M.A Qureshi, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 11th January, 1987. ORDER ASLAM RIAZ HUSSAIN, J.--Facts of the prosecution case are briefly that the dead body of Abdul Karim was found in the graveyard known as Pir Mitha, Wazirabad on 7th of December, 1985, by Muhammad Boota (P.W.6). He informed the police about it. The police took the dead body to the house of the deceased in the evening, where his brother informed the police that the deceased had gone out of the house since the 5th of December, 1985, and they were worried but did not inform the police about it. It is, thereafter that one Nawab Din (P.W.9), a relative of the complainant, stated before the police that he had last seen the deceased alive in the company of three accused petitioners namely, Muhammad Bashir and Muhammad Arshad and Muhammad Hanif. The police arrested them two days later on the 9th of December, 1985 and on the 10th they made the following recoveries from them:- (i) From Muhammad Bashir petitioner a knife stained with human blood; (ii) From Muhammad Arshad petitioner two pocket cuts from the shirt of the deceased which contained the identity card bearing the name of Abdur Rahim brother of the deceased; and (iii) From Muhammad Hanif petitioner Currency Notes worth Rs.3, 400 belonging to the deceased alongwith a…

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