" There is no ocular evidence to show that
Muhammad Abbas was murdered by any of the
present petitioners. Mere fact that Noor Muhammad
and Muhammad Din saw firstly the deceased and
after some distance they saw the petitioners going
towards the same direction, did not mean that the
petitioners were chasing the deceased or were
accompanying him. Such evidence cannot be treated
as evidence of last seen. Witnesses Ali Muhammad
and Chand Khan do not figure in the F.I.R. Moreover,
the evidence of extra-judicial confession may not be
by itself sufficient for conviction of the petitioners. In respect of evidence of recovery, it was rightly argued
by learned counsel for the petitioners that the same
could be used, at the most, for corroboration of the
main evidence, but by itself it cannot be basis for
conviction."
" (1997 SCMR 1279)
Used In Judgment of
Lahore High Court
Crl. Misc.-Post-arrest Bail-Under Section 497 CR.P...
2103-B-19
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