Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Un-natural death of deceased lady during the nigh in her house due to stab wound on her abdomen had not been disputed/denied by the defence---Statement of two prosecution witnesses confirmed that they both had immediately responded to the hue and cry of the deceased, then injured, who told them about churri (knife) blows inflicted by the petitioner/convict---Postmortem report of the deceased also confirmed that the deceased had sustained stab wound on her abdomen which had resulted into her death---According to the postmortem report, time between injury and death of the deceased was one hour and 35 minutes approximately, which confirmed that the deceased remained alive for a considerable period before reaching the hospital--Petition was dismissed, leave to appeal was refused, and conviction and sentence of imprisonment for life awarded to the accused by the High Court was maintained.

(b) Qanun-e-Shahadat (10 of 1984)---

----Art.46---Dying declaration---Scope---Dying declaration is a question of fact which has to be determined on the facts of each case---To find out truth or falsity of a dying declaration, a case is generally to be considered in all its physical environment and circumstances---Dying declaration can be made before a private person but it should be free from any influence and the person before whom it is made has to be examined---It is necessary to ascertain that the dying declaration was made honestly, its maker was in a fit state of mind to make the statement, its maker was free from outside influence, its maker was fearing death and had made a truthful statement.