Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)--   ---S.302--Recovery--Delayed recovery of crime weapon--Corroborative value of--Ocular testimony--Corroboration of--Recovery of blood­stained article from accused very material evidence to corroborate ocular testimony--Effect of delay in recovery of incriminating article-­Trial Court relying on motive and recovery of blood-stained crime weapon from accused as corroboration of ocular testimony--Plea raised that motive not having been proved and recovery of blood-stained crime weapon having been made six days after, no evidence has left to corroborate ocular testimony--Held: High Court had relied on evidence of motive, and in any case the evidence for the recovery of the blood-stained article was very material piece of evidence to corroborate ocular testimony--Delay of six days in the recovery of the incriminating article in circumstances of case was not material-­Courts below were justified in treating recovery of blood-stained crime weapon from accused as corroboratory piece of evidence in circumstances--Leave to appeal refused.   Pir Bakhsh and 3 others v. The State 1972 SCMR 940 ref.   ORDER ASLAM RIAZ HUSSAIN, J.--Mukhtar Ahmad petitioner has been convicted and sentenced to imprisonment for life for the murder of Muhammad Amjad. 2. The motive for the murder is stated to be that 4 years prior to the present occurrence Mukhtar Ahmad petitioner was injured by Irshad, Mushtaq and Mukhtar son of Sattar. A case under section 326 P. P. C . was registered against them. It is alleged that in this case Amjad (deceased) had helped the aforesaid accused persons. 3. The prosecution case briefly is that on 13th December, 1982 at about 5 p.m. Shaukat Ali (P.W.9) and the complainant, Muhammad Afzal (P.W.8), were present at the shop of Saghir Ahmad (not examined). Muhammad Amjad (deceased) reached there on a cycle from Mian Channu. He had some conversation with the witnesses and then went away towards his house. Sagheer Ahmad closed the shop just then and the witnesses also started towards the side to which the deceased had gone. As the witnesses reached the corner f the street, they saw the deceased approaching the Ihata of the…

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