Law:

Section:

Penal Code (XLV of 1860)--- --S. 302 read with Evidence Act (I of 1872), S. 32-[Murder-case]­Dying declaration-No mention of dying declarations in First Information Report though such declarations allegedly made before making of first information report-Evidence also led to show deceased having made yet another dying declaration to another person and such statement contradictory to those made to other two persons-Evidence relating to recovery of crime weapon discrepant, one witness saying it was in tact other saying it was in broken condition-Eye-witnesses named in F. I. R. completely disbelieved by trial Court-Case, held, created a general doubt and required strong evidence aliunde to sustain conviction but such evidence lacking-Conviction, in circumstances, held, not sustainable. JUDGMENT MUHAMMAD GUL, J. -On the conclusion of arguments in this appeal on 29th March 1975, we, by a short order accepted the appeal of Nazir Ahmad Who had been convicted and sentenced to death for the murder of his father's first cousin Taj Din, and acquitted him of the charge under section 302, P. P. C. altogether. Abdul Sattar, who was also tried with the appellant for the same murder was acquitted by the trial Court. What follow are the reasons in support of our order to the appeal. The motive for the crime was that there was a dispute about certain land left by the appellant's grand-father between his father Ibrahim on the one hand and his father's sister Mst. Zainab Bibi on the other. Mst. Zainab Bibi however succeeded in having the land partitioned and got possession of Killa No. 24 in square No.14 through Taj Din deceased. The incident took place on the night of the 16th May 1968 at about 8-30 in Chak No. 42/G. B. P. S. Sumandri, District Lyallpur, at about the time when Killa No. 24 fallen to the share of Mst. Zainab Bibi was to be irrigated by the deceased. According to the prosecution case the appellant and the co-accused Abdus Sattar armed with a spear each appeared on the scene to prevent the deceased from irrigating the land but the deceased insisted on taking the turn of water to irrigate Killa No. 24. In the altercation that ensu­ed the appellant and the co-accused…

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