The petitioner stands accused of offences punishable under section 201/302/34, P.P.C. Through F.I.R.
No.273, dated 27-4-1991 of Police Station Saddar, District Jhang.
2. The allegation against the petitioner is that he had developed illicit relations with Mst. Bakhan, wife of Sultan deceased, and the two had thereafter conspired to kill and do away with Sultan deceased.
3. It was on an extra-judicial confession made by Mst. Bakhan above--mentioned that the role played by Haq Nawaz petitioner in the occurrence in question was unearthed and it was subsequently on the pointation of Haq Nawaz petitioner that the pieces of the dead body of Sultan deceased were recovered which had laid buried in the courtyard of the house of the deceased. A hatchet was also recovered at the instance of the petitioner though the same was not blood- stained as it had been recovered after about six months of the occurrence in question.
4. The delay of six months in lodging of the F.I.R. Is reasonable and understandable as Sultan deceased was living alone in the village to which he had shifted from Jhang and it was only some relatives coming from Jhang to meet the deceased who could have discovered his disappearance. If it came to the notice of the relatives of the deceased after six months that the deceased was no more, no adverse inference could be drawn against the prosecution on this account.
5. The submission that no one had actually witnessed the occurrence in question and thus the prosecution was not armed with the ocular testimony hardly a ground in law to say that no case at all is made out against an accused person against whom no eye-witness's account is available which, in any case, is not a condition precedent for the proof of the guilt of an accused person.
6. The question that the extra-judicial confession was or was not joint can only be considered al the trial when the witnesses enter the witness-box.
7. Consequently, I find no merit in this petition which is accordingly dismissed.
N.H.Q./H-26/L