Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular account did not support medical evidence---Prosecution case was that the accused fired with his pistol on the deceased while he was going by car along with two witnesses---Deceased was shifted to hospital in injured condition---Police reached there, got recorded his statement---Injured, however, succumbed to the injuries---FIR was lodged on the statement of the deceased---Police official/witness stated that he along with other official witness reached hospital after receiving information about the occurrence---Dying declaration of deceased was recorded, which contained his thumb impression---Other official witness narrated the same story---Evidence of said police officials was in contradiction to the medical evidence---Medical Officer had deposed during cross examination that deceased was brought to hospital within the period of 20 to 25 minutes, after occurrence, in injured condition and he was fully unconscious---Circumstances suggested that prosecution version about recording dying declaration of deceased stood falsified---Conflict between the statement of police officials and medical evidence established that dying declaration of the deceased had falsely been prepared by the police at the behest of complainant party---Said circumstances cast doubt on the prosecution case, benefit of which would resolve in favour of accused---Conviction and sentences recorded against accused by Trial Court were set aside in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Statement of eye-witnesses---Allegation against the accused was that he made firing with his pistol on the deceased while he was going on car along with two witnesses---Ocular account was furnished by two witnesses---Said witnesses alleged that they were present in the car with the deceased, when accused made firing on the deceased---Said witnesses stated that at the time of alleged occurrence, window glasses of the car were closed---Said witnesses had stated that firing was made from a very close range, but such firing only hit…

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