Law: Penal Code (XLV of 1860)

Section: 302

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---Dying declaration---Doubtful---Accused was charged for committing murder of the daughter of the complainant by administering her poisonous tea---Case in hand mainly hinged upon the dying declaration attributed to deceased, which had allegedly been made by her before four witnesses and also before the Medical Officer, who conducted her medical examination in injured condition---Medical Officer before whom the patient is brought or if such incident is reported to the Officer-in-Charge Police Station, both the Medical Officer on duty and the Officer-in-Charge Police Station are bound down to give the intimation in that regard to a nearest Magistrate and at the same time, the Medical Officer shall record the statement of the injured person immediately on arrival, so as to ascertain the circumstances and cause of his injuries and on arrival of the Magistrate, if the patient is still in a position to make a statement, would also record his statement---Machinery of law was set into motion in this case by father of the deceased, but he not only stayed away from the dock but also did not file the private complaint and it was in fact filed by his other daughter---Alleged dying declaration was made by deceased in critical condition, when she was taken to hospital by four witnesses, out of whom, two were not produced by the prosecution, whereas only two witnesses appeared before the Trial Court---While deposing before the Trial Court, both the said witnesses had reiterated their earlier stance that the declarant apprised them that it was appellant, who had served her poisonous tea---Sister of deceased also deposed before the Trial Court that the injured was firstly taken to Police Station and a witness RMA also reached there and the injured, stated that she had been served poisonous tea by her co-teacher/appellant---Surprising enough neither said RMA appeared before the Trial Court nor there was any statement of any Police Official to the effect that injured had made any declaration before him---Similarly, another witness MS…