Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

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

Section: 40,46

Law: Criminal Procedure Code (V of 1898)

Section: 103,161,340(2),342,382-B,544-A

Law: Pakistan Arms Ordinance, 1965

Section: 13

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Pakistan Arms Ordinance (XX of 1965), S. 13---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, common intention, possessing illicit arms---Appreciation of evidence---Dying declaration---Prosecution case was that the accused and co-accused, duly armed with Kalashnikov and pistol .30-bore opened fires on the victims, who were on motorbike, one died at the spot and other lost his life in the hospital---Record showed that there was no eye-witness of the occurrence---One of the deceased who was driving the motorbike and managed his escape from the place of occurrence in a very severe and critical condition had not made any statement under S. 161, Cr.P.C.---Alleged dying declaration was made in presence of close relative of the deceased and not before any independent/impartial person either at civil hospital or at DHQ hospital, which raised a question of suspicion about its genuineness---Record transpired that statement of deceased then injured was recorded by Police Constable and was signed by the witnesses---Said facts had been deposed by the prosecution witness, who was closely related to the deceased---Facts remained that one of the deceased was real brother of complainant and their sister was in wedlock of SHO of the concerned police station---In such situation, the chances of manipulation and fabrication could not be ruled out---Witnesses, who were closely related and complainant who remained with the injured did not attempt to ask any impartial person to be the witness of the dying declaration---Circumstances suggested that the dying declaration of the injured was not free from outside influence---No ocular or any other solid evidence except dying declaration was available which being of dubious nature was not worthy of any credence---Appeal was allowed in circumstances and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. 1995 SCMR 614; 2001 SCMR 1474; PLD 2005 Pesh. 172; 2007 YLR 448 and 2015 MLD 939 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 46---Dying declaration---Valuable piece of evidence---Conviction---Scope---Statement of deceased person could be…

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