Law: Penal Code (XLV of 1860)

Section: 302(b),164

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

Section: 46

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Delay of one hour in lodging FIR---Scope---Accused was charged for committing murder of the brother of the complainant---Record depicted that the matter was reported on the same night at 12:30 am within one hour of the occurrence---Parties were known to each other before the occurrence and there was no chance for false implication---Such circumstances were enough to believe that the FIR was registered without pre-consultation or premeditation---Circumstances established that the prosecution had proved its case beyond any shadow of doubt, however, the death penalty was altered into imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd---Appreciation of evidence---Dying declaration---Scope---Accused was charged for committing murder of the brother of the complainant---Evidence of complainant revealed that when he reached the place of occurrence, he found his brother in an injured condition, who disclosed that accused had fired at him---Said witness was cross-examined, but nothing came on record to discard his evidence---No serious efforts were made to challenge his statement on the question of dying declaration---From the evidence, it had been established beyond any shadow of a doubt that deceased made a dying declaration immediately after the incident, eliminating the possibility of influence etc. before making the accused responsible for causing him injuries---Prosecution had proved the dying declaration, which by itself was sufficient to maintain conviction and sentence---Circumstances established that the prosecution had proved its case beyond any shadow of doubt, however, the death penalty was altered into imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 46---Dying declaration---Scope---Dying declaration, even made before a private person, is free from influence and the person before whom such dying declaration…

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