Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 452---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-e-amd, attempt to commit qatl-e-amd, house-trespass after preparation for hurt, assault or wrongful restraint---Appreciation of evidence---Sentence, reduction--- Mitigating circumstance--- Dying declaration---Scope---No reason existed to disbelieve dying declaration of deceased, then injured---Dying declaration of deceased then injured was also corroborated by ocular account furnished by the eye-witnesses---Both eye-witnesses had furnished the natural and straightforward account in respect of the occurrence, by recounting the facts mentioned by the deceased then injured in his F.I.R.---Eye-witnesses were subjected to lengthy searching and taxing cross-examination, but nothing could be extracted from their mouths, which could diminish the probative worth of their testimony---Absolutely no conflict was noticed between account narrated by prosecution witnesses and the entries made in the site plan---No inconsistency existed between the dying declaration made by the deceased, then injured, ocular account furnished by the two eye-witnesses and medical evidence, rather it supplemented each other---Account furnished by the official witnesses, including the medical officer also appeared to be natural and straightforward, without any significant discrepancy in their version---Minor discrepancies/ omissions, if any, on the part of the prosecution in the matter, was not of much importance when the entire evidence available on record appeared to be trustworthy---Charge against accused having been proved beyond any reasonable doubt, he had rightly been convicted by the Trial Court---Record did not show with certainty that it was the shot of accused, and not that of the absconding co-accused, which killed the deceased---Sentence of death awarded to accused by the Trial Court was converted into imprisonment for life, in circumstances---Benefit of S.382-B, Cr.P.C., would also remain intact. Allah Dad and others v. The State 1995 SCMR 142 and Habib-ur-Rehman and another v. The State PLD 1994 Pesh. 126 rel. JUDGMENT SYED AFSAR SHAH, J.---This Criminal Appeal is directed…

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