Law: Privilege- Evidence Act (1 of 1872)

Section: 32(1)

Law: Penal Code (XLV of 1860)

Section: 302

(a) Evidence Act (1 of 1872)  S. 32(1)-Dying declaration-Can form basis of conviction if facts and circumstances of case so warrant-Dying declarations at variance with each other especially with regard to motive and falsely impli cating an innocent person-Deceased, at time of making declaration, not under any mortal fear or apprehension that his day of reckoning had arrived-Conviction cannot be based on such dying declarations without reliable corroboration.-[Dying declaration - Conviction -Corroboration-Motive]. (b) Penal Code (XLV of 1860)  S. 302-Murder-Conviction-Contention that deceased (in dying declaration) and complainant would not falsely implicate accused and thereby let off real culprits-Conviction, held, cannot be based on such assumption, however, reasonable, in absence of credible evidence as regards involvement of accused in crime-Facts and circumstances must without doubt, support such assumption.--[Dying declaration -Conviction-[Assumption]. Dates of hearing : 30th July, 1st and 5th August 1975.                                                                                                                  JUDGMENT On 18-1-1972 at 15-15 hours, the complainant Shah Mir son of deceased Muhammad Hassan Bhunger lodged First Information Report with the S. H. O., Police Station, Jacobabad. The complaint read that the com plainant along with his father had that morning come to Jacobabad and were staying at the machine of P. W. Haji Muhammad Siddiq Soomro. At about 2-30 p.m. when the complainant returned from the bazar where he had gone for some work he saw from the Southern door of the said machine that his father Muhammad Hassan was sitting on a cot in the otak, besides the machine. He saw the appellants, Abdul Karim and Hadi Bux both sons of Muhammad Qassim Bhunger armed with single barrel guns standing on the Eastern outer door of the otak together with the…