Law: Pakistan Penal Code, 1860

Section: 302

(i)  Pakistan Penal Code (XLV of I860)— -- S.  302— Murder— offence  of— Evidence,  appreciation of—Benefit of doutb Ocular account rightly  disbelieved by trial Court— Dying declaration not relied — Recovery  not  relied— Conviction and sen-tence  of appellant  set aside by giving him   benefit of doubt. [Pp. 46 1 & 462 ]A, B, C & D (ii) Criminal Trial— -- Eye-witnesses— Statements of-— Discrepancies and contradictions in— Contention that discrepancies and contradictions in statement of eye-witnesses were due to lapse of time, held, to have no force. [P. 461]^ PLJ 1977 SC 412 held not applicable. (iii)  Criminal Trial— —.—Recovery — Evidence of — Recovery mashirs not belonging to locality and related to complainant side— Provisions of section 103 Cr. P  C. uolated for which Investigation Officer giving no cogent reasons—Empty recovered from vardat not sent immediately and *«parately to Ballistic Expert—Held: No reliance to be placedon such recoveries, [Evidence Act (I of 1872)—Ss. 9 & 21]. [Pp. 461 &462]C PLJ W9 SC 369 : 1974 P Cr, L. L 37 & PLD 1968 Lah. 869 ref.  (If) Dying Declaration— --------- Evidentiary value of—Enmity — Effect of— Deceased admittedly having enmity with appellant due to previous case against him— Magistrate recording dying declaration not obtaining fitness certifi­cate from doctor—Relation of deceased also present at time of making of dying declaration—Held : No reliance to be placed on such dying declaration, [Evidence Act (I of 1872)—S. 32]. [P. 46T.S PLD 19"0  SC   13 ,  PLJ 1977 SC 481 ;   1979 P. Cr. L. J. 496 & PLD 19"S K.ar. "10 ref. JUDGMENT Appellant abovenamed, being aggrieved by judgment dated 27th January. 19"9 of the learned 1st. Additional Sessions Judge, Sukkur, in sessions case No. 109975, whereby appellant has been convicted under section 302 P. P, C. and sentenced to transportation for life and a…