Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence--- Dying declaration---Prosecution case was that the accused and co-accused, duly armed with firearms opened fire at the complainant party, as a result of which, complainant sustained firearm injury on his neck and left back side while his father succumbed to the injuries on his way to the hospital---Female child aged about 10/11 years also sustained injuries during the occurrence---Motive of the occurrence was cited as dispute over property---Ocular account was furnished by two eye-witnesses---Both the eye-witnesses mentioned in the FIR escaped unhurt, and did not receive any injury in the alleged indiscriminate firing by three persons with their deadly weapons---Injured was shifted to hospital in injured condition and his report was recorded there in the shape of murasila---Said report, carried his thumb impression, which was verified by his uncle/witness, who signed the same---Medical Officer recorded his endorsement on top of the murasila, without recording time under his endorsement or name of the patient, his parentage and address---Medical Officer had not furnished a separate certificate regarding the fact that the injured was able to talk coherently---Medical report showed that patient was conscious, without mentioning about his faculty of speaking, and whether the injured complainant was well oriented at the time of recording his report---Said glaring omissions on the part of the Medical Officer assumed importance in the face of firearm injuries sustained by the complainant on the front of the throat over the trachea and at the upper end of the sternum---Medical Officer had omitted to mention regarding about the airway, breathing, circulation of blood, disability, blood pressure, pulse rate, colour of face, condition of the eye-balls, how the patient was reacting at that time and the manner of his speech and the pitch of the voice specifically---Record transpired that injured complainant had furnished the graphic details of the occurrence, including the information…

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