Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Dying declaration---Requirements---Case of prosecution, besides the statement of father of deceased, was mainly dependant upon the F.I.R.-cum-dying declaration which had been recorded by Police Officer in presence of a Doctor---Scribe of report and the Doctor, though in their oral statements had stated that injured was in a position to record his statement, but neither the Police Officer had asked the Doctor to give a certificate in that regard, nor the Doctor of his own deemed it proper to do so---Both the witnesses including the father of deceased in their statements had stated that report of deceased, then injured, was recorded in the presence of the relatives of the deceased---As father of deceased along with other relatives was present at the time of recording statement of deceased, then injured, there was every chance of tutoring or prompting of the deceased by the complainant party to name the accused for the crime, if it was presumed that the injured was able to make the report---Dying declaration was further predominant to the fact that no time of the occurrence had been given, by the injured in his report---Doctor had not mentioned the time in the report as to when he examined the deceased---Actual time of occurrence, in circumstances, was shrouded in mystery along with place of occurrence---Neither any empty was recovered nor any blood from the place of incident as alleged by the prosecution---When the parties were involved in previous blood enmity, accused could not dare to come to the house of deceased, knock at the door of his house, exchange hot words with him, and then take out his pistol and fire only one shot pt him---Dying declaration of deceased was not worth reliance; and other circumstantial evidence did not provide independent corroboration to the guilt of accused---Even a single circumstance of doubt arising in the case of prosecution was sufficient for acquittal of accused---Conviction of accused and awarding him life imprisonment, on such impeachable evidence, would be highly unsafe keeping…

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