Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Foundation of the prosecution case was the oral dying declaration of the deceased before the prosecution witnesses, who all were her relatives---Complainant, who was father of the deceased had admitted that he was not an eye-witness of the occurrence---Complainant had not deposed for his any conversation with deceased before her death---Witnesses to the dying declaration had deposed that they had disclosed the fact of dying declaration to the parents of the deceased on the very day---Deceased died on the next day of the occurrence---Question arose that when the deceased was whole day alive, then why they did not report the matter to the Police on the same day or call the doctor, or Magistrate for certifying the dying declaration made before them---Alleged dying declaration could not be relied upon because the truthfulness of its contents were not free from doubt---No postmortem of the deceased was conducted after her death---Even in the F.I.R., which was recorded after about two months and thirteen days, had adversely affected upon the veracity of their statements---Delay in making the report with inconsistencies in the testimony of eye-witnesses had rendered their evidence doubtful, unreliable and did not inspire confidence---Deceased before death, had clearly spoken to have been burnt accidentally while working in the kitchen---Assertion of Investigating Officer and said statement of deceased had not been disputed/refuted by the complainant and prosecution witness---Said scenario had given presumption that complainant and the witnesses had accepted the death of deceased as accidental---Report of chemical examination was in the negative---Said piece of evidence was also not helpful to the case of the prosecution---Motive as set up also appeared to be improbable---Prosecution having failed to prove the charge against accused persons, passed by the Trial Court was not sustainable, which was set aside---Accused were acquitted extending benefit of doubt to them and were directed to be released, in circumstances. Faqir Ali v. The State 1997 PCr.LJ 1453; Raziqdino…

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