Law:

Section:

Peal Code (XLV of 1860-.---- S. 302/34-[Murder-case]-Appreciation of evidence-Deceased receiving 12 bullet injuries but allegedly covering a distance of 10-15 yards and hoisting himself on tonga unassisted by any one, going unaided to Doctor's clinic when reaching hospital-Deceased in view of type of injuries received by him not likely to have been able to undertake such physical exertions on his own-Deceased in view of injuries received sure to have been in a shock if not altogether unconscious-Doctor stating: "patient was not drowsy but he used to close his eyes after some time" meaning thereby patient being not in full control of his faculties- Impossible to believe patient having got recorded details of occurrence in so precise manner as not to omit any necessary and relevant detail, such as, type of arm carried by each one of accused appellant, names of eye-witnesses and of others owing to whom unfortunate episode in first place triggered-Evidence regarding recording of dying declaration as given by doctors arid other witnesses conflicting in material aspects-Usual certificate obtained by Police regarding patient having been in senses not obtained before recording of dying declaration but appended subsequently Evidence of Ballistic Expert revealing deceased having been shot from one or more than one weapon of same calibre and such weapon being a '32 bore pistol but one of accused. alleged to have used his rifle Type of injuries received by deceased revealing such work having been of only one man-No evidence on record, however, showing as to which one of three accused caused such injuries to deceased-No option, in circumstances, held, left but to hold prosecution having failed to bring home its case against any one of appellants-Evidence of eyewitness full of contradictions, omissions as well as improvements-Such witness also a personal servant of deceased-Accused youngmen and inexperienced making themselves scarce on finding themselves named for murder-Abscondence in absence of any other evidence against accused, however, of no avail to prosecution-Appeal allowed.[Abscondence]. A. K. Brohi, Senior Advocate add. Ch. Akhtar Ali, Advocate-on-Record for…

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