Law:

Section:

(a) Criminal trial---.--- ---.--W.itness---.---Credibility---.---Principle---.--W.itness cannot be believed merely on the basis of an articulate rendition unless his deposition is blended with probability with a ring of truth. (b) Qanun-e-Shahadat (10 of 1984)---.--- ---.---Art. 46(1)---.---Dying declaration---.---Presumption---.---Dying declaration is presumably a declaration of truth; it is the only statement which is allowed to be admitted in evidence of its maker after his departure to the world hereinafter, under a belief that he while being face to face with God narrated truth, the whole truth and nothing but truth and it is such presumptive solemnity that rigors of administering oath and cross examination are dispensed with, leaving the person adversely affected in an awfully vulnerable position. (c) Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.--- Qanun-e-Shahadat (10 of 1984), Art. 46(1)---.---Qatl-i-amd---.---Appreciation of evidence---.---Dying declaration, indivisibility of---.---Medical jurisprudence---.---Deceased died in hospital due to 90-98% burns on his body and four persons faced trial---.---Three accused were convicted by Trial Court on the basis of dying declaration of deceased and were sentenced to imprisonment for life whereas one was acquitted of the charge---.---Validity---.---Veracity of dying declaration was indivisible, as statement of maker of dying sans sanctity of oath as well as opportunity of cross-examination---.---It would be extremely unsafe to allow division of dying declaration so as to partially convict a person from the array of accused implicated therein---.---Such division would also be antithetical to the solemnity attached with a dying declaration---.---Not humanly possible for deceased to communicate after sustaining 90-98% burn injuries on his person that included almost each part of his body---.---Opinion given by doctor and his role in formulation of dying declaration was intriguing from many angles---.---On the one hand doctor mentioned in medico-legal certificate that deceased was oriented to time and space with presence of speaking power and on the other hand, he noted eyes as semi opened with mouth…

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