2023 MLD 1298
Weapon of effence recovered on the disclosure of accused --- Reliance --- Accused was charged for committing murder of the brother of the complainant by inflicting Toka blows --- Accused was arrested in the case on 30.04.2019 and during investigation he made disclosure on 05.05.2019 and in pursuance whereof got recovered cleaver knife / Toka from the residential room of his house --- Recovery proceedings were witnessed by witnesses who furnished their impeccable details , giving rise to no doubt of any nature --- Weapon of offence after its recovery was forwarded to Forensic Science Agency and through report it was reported to be stained with human blood --- Recovery of cleaver knife was challenged on the solitary ground that it was effected without adhering to the provisions of S. 103 , Cr.P.C .--- While embarking upon the arguments of defence , same were found to be contrary to the facts of the case and law on the subject --- Since the recovery of cleaver knife was effected on the disclosure and pointation of the accused , thus was relevant under Art . 40 of Qanun - e - Shahadat , 1984 --- Such recovery attains credence and admissibility if witnessed by two witnesses , not necessarily having abode in the same neighborhood from where it was effected --- Wisdom behind acceptance of such recovery had its roots in the fact that it was discovered from a place within the exclusive knowledge of none other than the accused --- Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt -
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