State vs Mohd. Faizan & Another on 21 July, 2014
(ii) In Pawan Mandal versus State of Punjab (supra): FIR was
lodged after delay of about 9 days. Though Trial Court believed the
evidence of last seen that deceased was lastly seen in the company of
accused and also slept in their company and on the next day, he was not
found there, yet it was disbelieved by Hon'ble Court as it was not come in
the statement of any of the witnesses as to on which day the deceased was
last seen in the company of accused and upto which time they remained
together. It was found that the dead body was found in a deserted well,
which was accessible to everybody. Accused was neither seen by any of
the prosecution witnesses; nor there is any evidence on record to prove
that the dead body was thrown in the well by the accused only. In the light
of the peculiar facts and evidence of the case, Hon'ble Court refused to
place any reliance on the last seen evidence.