Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.--- Ss.302/201/34---.---Criminal Procedure Code (V of 1898), 5.103---.--- Qanun e Shahadat (10 of 1984), Art.40---.---Appreciation of evidence ¬Search and recovery proceedings---.--- Admissibility of a fact---.---Memo of pointation of place of incident had shown that one of accused not only pointed `out the place of incident, but also confessed the commission of offence and implicated her co accused brother---.---Said memo based on the statement of accused made to police during investigation could not be admitted in evidence---.---Pointation of place of incident was found to be discovery as before pointation of same by said accused, it was not known to Investigating Officer which, in view of Art.40 of Qanun e Shahadat, 1984 was found to be admissible piece of evidence---.---Same could be admitted in evidence if supported by independent evidence ¬Admissibility of recovery of knife allegedly used in the commission of offence and iron box used for shifting of dead body, of deceased, allegedly made on pointation of accused were challenged on the ground that provisions of S.103, Cr.P.C. were violated as no independent witness was associated to attest any of said recoveries---.---Attestation of recovery by private witness was the requirement of S.103, Cr.P.C. which would apply to the recoveries made as a result of search of place and not on pointation of accused---.---Provisions of S.103, Cr.P.C., in circumstances, could not be made applicable in the present case as recoveries were effected on pointation of accused which in view of Art.40 of Qanun e Shahadat, could be admitted in evidence if proved by prosecution---.---Objection so raised being without any substance, would not affect the admissibility of recoveries made on pointation of accused. Muhammad Akbar v. The State 1995 SCMR 693 ref. (b) Penal Code (XLV of 1860)---.--- ---.--- Ss. 302/305/306/308/201/34---.---Appreciation of evidence ---.---Blood¬stained clothes of deceased were seized vide memo soon after dead body of deceased was recovered from the well and that fact was not disputed by the accused---.---Blood stained clothes alongwith knife was referred to F.S.L.…

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