Law: Penal Code (XLV of 1860)

Section: 308

Penal Code (XLV of 1860) S. 308 Appreciation of evidence Deceased in her dying declaration had fully implicated accused in the case Dying declaration recorded by police official was attested by Doctor who also verified that deceased at the relevant time was fit to make statement No reason whatsoever was there to falsely implicate accused either by the deceased or prosecution witnesses Ocular account in the case was fully corroborated by medical evidence and also by dying declaration of the deceased If both versions one put forward by accused in his statement recorded under S.342, Cr.P.C. and other put forward by prosecution, were placed in a juxtaposition then version of prosecution seemed to be more plausible, convincing and nearer to truth than the version of the accused which appeared to be totally false Prosecution having proved its case against accused through .dying declaration, and statements of prosecution witnesses which were corroborated by medical evidence, appeal against conviction and sentence filed by accused, was dismissed. THIS JUDGMENT DELIVERED BY: KHAWAJA MUHAMMAD SHARIF, JUSTICE:---.--- This judgment will dispose of Criminal Appeal No. 456 of 2002 directed against the judgment, dated 5 3 2002 passed by learned Additional Sessions Judge, Gujranwala, whereby he convicted the appellant under section 308, P.P.C. and sentenced him to undergo 14 years R.I. with further direction to pay Rs.3,00,000 as Diyat to Wali of deceased. The accused/appellant was also ordered to pay Rs.1,00,000 as compensation to the legal heirs of the deceased or in default thereof six months' further S.I. 2. The facts of the case in brief as narrated in the F.I.R. by Mst. Shazia deceased herself that on 12 8 2000 she alongwith her husband returned from Wazirabad to their own home after the fixation of a date for the marriage of her sister Aalia. She alleged that at 10 30 p.m. (night) she and her husband accused Aurangzeb were present in the home, a quarrel took place between them, her husband gave her beating and set her ablazed after sprinkling kerosene oil on her. She was burnt seriously. Then accused lifted her daughter Mobin Zahida and left the house. After much time…

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