Law:

Section:

(a) Penal Code (XLV of 1860) S. 302/34 Criminal Procedure Code (V of 1898), S. 103 Constitution of Pakistan (1973), Art. 185(3) Recovery Eye witnesses although related to the deceased yet had no motive to involve the accused false in the case ¬Ocular evidence was corroborated by the recovery of empties from the place of occurrence and the gun from the accused from which the empties were found to have been fired Narration of the occurrence by the eye witnesses to an independent witness who had reached the spot immediately after the occurrence was substantially contemporaneous with the murder of the deceased Association of two respectable inhabitants of the locality in the recovery proceedings was not required as the accused had himself led the police to a particular place and recovery was effected on his information and pointation No mitigating circumstance was available in favour of accused for lesser penalty Leave to appeal was refused in circumstances. (b) Criminal Procedure Code (V of 1898) S. 103 Application and scope of S. 103, Cr.P.C: Section 103, Cr.P.C. applies to a case where the police conducts search of the house/place to recover a thing for which search is to be made and not to a case where anything is to be discovered in consequence of the information given by or on the pointation of the accused. ORDER MUHAMMAD MUNIR KHAN, J. This petition which is directed against the judgment dated 3 2 1994 of the High Court of Balochistan, Quetta, arises from the facts that in the occurrence which took place on 20 8 1992 at 8 00 a.m. at a distance of 10 12 paces from the house of Rindo Khan (P.W. 2 complainant), Mst. Tajal lost life as a result of fire arch injuries allegedly caused by Muhammad Akbar (petitioner) and Bakhsh Ali (absconder) accused in the presence of Rindo Khan and Amir Bakhsh P.Ws. he injuries suffered by Mst. Tajal were sufficient to cause death in the ordinary course of events. The F.I.R. (Exh.PB) was lodged after an hour of the occurrence at Police Station Dera Allah Yar by Rindo Khan, brother of the deceased. The Police recovered seven crime empties from the spot. After his arrest, the petitioner got recovered gun Article 1 from his house.…

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