Law: Penal Code (XLV of 1860)

Section: 304, 34, 326

(a) Criminal trial Evidence, evaluation of-Dying declaration like statement of interested witness, held. requires close scrutiny.-[Dying declara tion-Evidence]. Tawaib Khan and another v. The State P L D 1970 S C 13: Ghulam Hussain v. The State P L D 1974 Kar. 91; Amanullah and 4 others v. The State P L D 1978 Kar. 792 and Zarif Khan v. The State P L D 1977 S C 612 rel. (b) Penal Code (XLV of 1860) S. 302/34 read with S. 326-Murder-No evidence to show accused though, armed but waiting for deceased for assaulting him---Element of intention for causing death, held, lacking, in circum stances.--( Intention]. Anwar and others v. The State P L D 1965 Lah. 378 rel. (c) Penal Code (XLV of 1860) S. 302/34-Appeal (criminal)-Benefit of doubt-Statement in dying declaration regarding accused having fired pistol, not supported or corroborated by solitary independent eye-witness nor any evidence as to recovery of alleged crime pistol from possession of accused forthcoming-Case against accused, held, not free from doubt-- Conviction and sentence set aside.-[Benefit of doubt]. (d) Penal Code (XLV of 1860) S. 326-Appeal (criminal)-Specific mention in dying declaration about deceased having been given hatchet blows by accused, fully sup ported by evidence of an independent eye-witness and evidence of medical expert about injuries-Prosecution case also finding support from evidence of recovery of crime hatchet from house of accused-No reason to show as to why such witness would falsely implicate accused-Conviction and sentence under S. 326, P. P. C., maintained, in circumstances. Date of hearing : 5th August, 1980.                                                                                                                                              JUDGMENT B. G. N. KAZI, J.-Muhammad Aslam son of Amir Khan who was convicted…