Law: Pakistan Penal Code, 1860

Section: 302(b),392

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46(1)

(a) Criminal trial--- ----Circumstantial/indirect evidence---Scope---Direct evidence was not only the methodology to prove an indictment; it could be accomplished through indirect or circumstantial evidence as well albeit with extra caution---Once chain of circumstances was constituted in such a way that no reasonable inference except for guilt was drawn to the exclusion of every hypothesis of innocence, conviction on capital charge was to be recorded without demur. Jaffar Ali v. The State 1998 SCMR 2669 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 392---Qatl-i-amd, robbery---Appreciation of evidence---Accused allegedly snatched a vehicle and shot the deceased who immediately informed the complainant about the occurrence---Complainant attended deceased at the hospital and later on reported incident to the Police---One of the witnesses attended deceased shortly after the incident---Autopsy was conducted after 15-minutes of report to police---Accused was arrested a few hours after the incident along with the vehicle and weapon---Dispatch of casings along with weapon used in crime on the same day did not affect case of prosecution in circumstances---Accused's confrontation with web of circumstances with a denial simpliciter did not adversely impinge upon credibility of prosecution witnesses---Death sentence awarded to accused was confirmed. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 46(1)---Dying declaration---Scope---Basis of dying declaration was that truth sat upon lips of dying man as he anticipated to meet his Maker---Principles. "Laterm Mortem", word said before death, dying declaration, a juridical myth, "most mystical in its theory and most arbitrary in its limitation", based upon the maxim "nemo mariturus presumuntur mentri" that truth sits upon the lips of a dying man as he anticipates to meet his Maker; popular belief notwithstanding, the principle cannot be applied with empirical exactitude in order to ensure safe administration of criminal justice and for that possibility of prompting or casting of wider net needs to be ruled out with such precautions, nonetheless, the last words under the imminence of death, are recognized irrevocably…

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