Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd---Appreciation of evidence---Dying declaration---Prosecution witnesses, though were related to the deceased, but no aforethought or malice had been found in existence by them against accused to become a false witness---Delay in reporting the matter to the Police was of minor significance in the circumstances of the case---Prosecution had proved its case through the statement of the deceased, when alive, recorded by the examining Doctor, through the testimony of the Doctor which was relevant and admissible by virtue of Art.46 of Qanun-e-Shahadat, 1984---Statement of the deceased before the Doctor was relatable to cause of her death; she had stated that she was subjected to torture by accused---At the time of medical examination of the deceased, then injured and in complete senses, she without being prompted by any body, recorded statement, which was regarded as Dying Declaration---No need existed to ask for independent corroboration in support of dying declaration of deceased lady, which rang true and on account of its intrinsic value, duly supported by medical evidence was worth reliance, and the court believed it and relied---Prosecution had succeeded in proving the case against accused and in bringing home the charge against accused beyond shadow of reasonable doubt---Judgment of the Trial Court did not suffer from any illegality or irregularity, incorrectness and impropriety, but same was legal and just---Trial Court had judiciously applied its mind while handing down impugned ---Judgment of the Trial Court, was upheld and appeal filed against said being devoid of any force, was dismissed, in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 46---Dying declaration---Conditions for reliance upon dying declaration enumerated. In order that a dying declaration is relied upon it must be established that:-- (i) the maker of the statement is dead; (ii) that the dying declaration is relevant whether or not its maker was under expectation of death; (iii) that the maker of declaration was a competent witness; (iv) that the declaration may be oral or in…