Law: Penal Code (XLV of 1860)

Section: 302(b)

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

Section: 46

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd--Appreciation of evidence---Contradictions in the statements of witnesses--Dying declaration of deceased doubtful---Accused was charged for committing murder of the complainant by firing---First Information Report was registered on the verbal statement of complainant, then injured, at hospital under S.324, P.P.C---After that, complainant succumbed to the injuries at hospital and an offence under S.302 P.P.C was substituted---Deceased soon after the incident was taken to hospital, where he was given medical treatment by the Medical Officer---Dying declaration of the deceased complainant was recorded by Investigating Officer and signature of Medical Officer had been marked in which he categorically stated that accused had shot him with pistol 30-bore and his sister and brother brought him to the hospital---However, the testimony of Investigating Officer, Medical Officer and brother of deceased was belied by medical as well as documentary evidence---Dying declaration contained the signatures of Medical Officer, but that witness admitted during cross-examination that victim was in a semi-conscious condition and not fit to make a statement--Medical Officer's admission was very material and created doubt about the truthfulness of the dying declaration---Such circumstances showed that there was no occasion to record the dying declaration, which demolished the whole story of the dying declaration---Appeal against conviction was allowed, in circumstances.(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 of deceased doubtful---Accused was charged for committing murder of the complainant by firing---Medical Officer, who conducted postmortem on the dead body of deceased, observed that the drain tube incision and stitch wound on the right iliac fossa oblique measuring 5xl cm marks were present---Such fact suggested that deceased then injured went through surgical process---When the Medical Officer referred the injured for a surgeon's opinion and provided medical treatment, it could not…

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