Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B,512,544A

Law: Pakistan Arms Ordinance, 1965

Section: 13

(a) Criminal trial--- ----Dying declaration---Evidentiary value---Dying declaration by itself is a weaker type of evidence which needs corroboration through confidence inspiring evidence---Solely relying on dying declaration without other corroborative evidence being in line and in support of said dying declaration would be against basic principles of jurisprudence of criminal administration of justice. Tahir Khan v. The State 2011 SCMR 646 and Muhammad Ameer and another v. Riyat Khan and others 2016 SCMR 1233 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Interested and chance witnesses---Dying declaration, veracity of---Accused was convicted of committing Qatl-i-amd and sentenced to imprisonment for life while co-accused was acquitted of charge on benefit of doubt by Trial Court---Accused assailed conviction and sentence on grounds that dying declaration of complainant was not corroborated by other evidence---Validity---Both eye-witnesses were not only closely related to complainant but highly interested, besides being chance witnesses---Testimony of chance as well as interested witnesses could be taken into account provided same were confidence inspiring, steadfast and free from any kind of contradiction---Both eye-witnesses had made considerable improvements in their testimony whereby a different story was narrated---Material contradictions and improvements coupled with unnatural conduct of alleged eye-witnesses was sufficient to take their testimony out of consideration---Both eye-witnesses were working for gain at town other than occurrence had taken place therefore, they happened to be chance witnesses---Prosecution witnesses were bound to have established reasons for their presence with supportive evidence---High Court set aside conviction and sentence of accused as case of prosecution was not proved beyond reasonable doubt and order of Trial Court was based on wrong appreciation of evidence---Appeal was allowed in circumstances. Mst. Zahida Bibi v. The State PLD 2006 SC 255; Mst. Rukhsana Begum and others v. Sajjad and others 2017 SCMR 596 and Muhammad Mansha v. The State 2018 SCMR 772 rel. (c) Criminal…

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