Law:

Section:

(a) Penal Code (XLV of 1860), S. 302-Murder-Eye-wit­nesses closely related to deceased and their testimony suffering from inherent defects and contradictions crud also in confined with medical evidence-Several persons alleged to have collected at scene of occurrence but none produced from among them-Deceased, accord­ing to medical evidence, should have lost power of speech by time his dying declaration was recorded-Dying declaration also recorded in presence of deceased's relations thereby not ruling out probabi­lity of prompting - High Court, in circumstances, held, rightly found it unsafe to uphold conviction of accused. (b) Evidence Act (I of 1872), S. 114-Presumption-Abscondence of accused - Corroboration - High Court finding ocular evidence unreliable and dying declaration very doubtful-Abscondence of accused, in circumstance, held, rightly found by High Court to be of no corroborative value. JUDGMENT SAJJAD AHAMAD, J.--The respondent, Kachkol, was tried for the murder of one Zar Muhammad by the learned Sessions Judge, Peshawar, who found him guilty and sentenced him to death. He was, however, acquitted on appeal by the High Court (Peshawar), leading to this petition for special leave to appeal against the acquittal order. The murder of Zar Muhammad took place at 6 a.m. when be was going on his bicycle to attend to his duty in the Kheshki Military Farm, where he was employed as a Mali. He was fired at by the respondent with a topak and was hit in the left lumbar area, suffering 6 fire-arm entrance wounds on the left lumbar area and 6 corresponding exit wounds over left side of abdomen, He was taken to the Police Station, Nowshera Kalan, where his statement was recorded as the First Information Report, in which he charged the respondent for firing at him, stating further that he was at the time accompanied by Babar and Saleh, P. Ws., who had witnessed the occurrence. The motive alleged was that by firing at the deceased, the respondent had avenged the murder of his brother-in-law, Bacha, for which Zar Muhammad, deceased, was charged and convicted. The evidence against the respondents produced at the trial consisted of the deceased Zar Muhammad's First…

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