Law:

Section:

(a) Evidence Act (I of 1872)- -- S. 32-Dying declaration-No longer regarded as sacrosanctDying statement to be scrutinized like statement of any other interested witness and is comparatively of a lesser value having not been tested by cross-examination -Rule of credibility of a witness being indivisible-Not endorsed by superior Courts in Pakistan-Statements of witnesses including dying declarations to be subjected to an analysis on their own inherent value or intrinsic worth.-[Dying declarationWitness]. The dying declaration is no more regarded as sacrosanct. It is scrutinized like the statement of any other interested witness, and having not been tested by cross-examination is comparatively of a lesser value. The rule of the credibility of a witness being indivisible having not been endorsed by the superior Courts in Pakistan, the statements of the witnesses, including the dying declarations, are subjected to an analysis on their own inherent value or intrinsic worth, bearing in mind the particular facts and surrounding circumstances of the case, and the principle of "sifting the chaff from the grain". Abdul Razik v. The State P L D 1965 S C 151; All Asghar .and another v. The State P L D 1968 Pesh. 47; Ghulam Jdant and 6 others v. The State P L D 1970 Lab. 73; Tawalb Khan and another v. The State P L D 1970 S C 13; Hadl Bux and another v. The State P L D 1976 Kar. 4; Zarij Khan v. The State P L D 1977 S C 612; Muhammad Aslam and another v. The State P L-----D 1978, S C 298 and Lattf v. The State P L D 1978 S C 1337 ref. (b) Penal Code (XLV of 1860)- 5. 302/34-Murder-Evidence-Presence of only one injury on only one person, I.e. deceased-Held, puts one in doubt regarding presence of three other accused.-[Evidence]. (e) Penal Code (XLV of 1860)- -- S. 302/32-Murder-Evidence--Tendency of people of throwing net more widely in order to rope in those capable of defending real accused or helping him in any manner-Cannot be ignored.--[Evidence]. (d) Petal Code (XLV of 1860-- S. 302/34-Murder-Evidence-Two versions of occurrence possible One favourable to accused to be accepted-Accused, in circumstances, given benefit of doubt, by way of abundant caution, and…

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