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 --------- Benefit of doubt --------- Dying declaration, sanctity of --------- Trial Court had recorded the conviction and sentence of accused on the sole ground of dying declaration of deceased, then injured --------- Sanctity was attached to the dying declaration because, a dying man, was not expected to tell a lie, but being weak kind of evidence, it required close scrutiny and corroboration --------- No amount of doubt existed about the capability of the deceased, then injured, to talk and being conscious --------- Only disturbing question was that whether the deceased, then injured, was in a position to identify the assailant at the time of incident --------- Report of the deceased, then injured, revealed that he did not utter a single word about any source of light, whether electric or natural (moon light) in which he identified the accused, as the incident took place at odd hours of the night --------- Site plan, nowhere showed that around the crime venue there was any source of light or was taken into possession by Investigating Officer during spot inspection --------- Deceased, then injured, was shown in the site plan, at a distance of 15 paces, which was a considerable distance, and in absence of any source of light, identification of the assailant from such a distance, was next to impossible --------- Not appealing to mind that an assailant who selected the odd hours of the night for offence, would disclose his identity before his target --------- Trial Court had not furnished any reason, much less plausible, in support of point of identification, rather had given much stress on the physical condition of the deceased, then injured, that he was capable to talk as per statement of the Doctor --------- No piece of evidence was available to remove serious reservations about identification of accused by the deceased, then injured, in the dark hours of the night --------- Though the deceased, then injured, was in a position to talk, but not in a position to identify the assailant --------- If,…

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