Law:

Section:

Penal Code (XLV of 1860) ---S. 302/394/34 [Murder case Appreciation of evidence Prosecu¬tion story supported by testimony of a single witness and dying declaration of victim of assault Witness improving his story at trial, making a cock and bull story to prove his presence at spot, and material discrepancies in his statement Inordinate delay in informing police about occurrence Dying declaration recorded 22 hours after occurrence and relations of deceased present with him during such period Accused, held, rightly acquitted in circumstances. [Evidence¬ Discrepancy]. ORDER NASIM HASAN SHAH, J. This is a petition for special leave to appeal directed against the judgment dated 14 4 1975, passed by the Lahore High Court, in Murder Reference No. 202/1973 and Criminal Appeal No. 776 of 1973. 2. The facts briefly stated are that on 3 4 1972 Manzoor Hussain deceased who runs a treat sleep a as returning from his said Shop with Rs. 2,150 (Rs. 350 being the proceed of sale and the remaining Rs. 1,809 taken from his uncle Dildar Hussain petitioner). At 7 30 p.m. when he reached near the water channel in the area of Chak No. 300/J. D., he was confronted by Mohammad Ashraf alias Ghulam, Majid Ahmad and Ghulam alias Gama (respondents herein) and Abdul Hamid accused; the latter pulled him off his cycle while Ghulam Rasul and Majid Ahmad removed the sum of Rs. 2,150 from his dub. Mohammad Ashraf respondent allegedly took knife Exh. P. 5 from Ghulam Rasul and stabbed the deceased twice on the vital parts of his body; the latter fell down. The occurrence was stated to have been witnessed by Sardar Mohammad (P. W. 10) and Muhammad Shafi (a given up P. W). The motive alleged by the prosecution was that some two or two and a half months before the occurrence, owing to an altercation the deceased abused Muhammad Ashraf respondent which annoyed the latter. But the immediate cause for the incident in question was that on the day of occurrence the deceased, because he was counting cash, had refused to sell meat to Ghulam Rasul who at that time was accompanied by the other two respondents; all the respondents left the shop having threatened the deceased to avenge their insult. 3.…

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