Law:

Section:

(a) Penal Code (XLV of 1860)-- S. 302-[Murder-case]-Motive-Exchange of abuses between womenfolk of parties on a day prior to occurrence and incident in which prosecution witnesses and appellant exchanged abuses shortly before main occurrence resulting in severe blow to deceased, held, constituted enough motive for appellant to act in manner he did.- held [Motive]. (b) Evidence Act (I of 1872)- -- S. 32-Dying declaration-Nothing to suggest that deceased would have substituted an innocent man for real culprit-Statement of deceased in form of F. I. R., held, rightly treated as dying declaration and very strong piece of evidence against appellant-No further corroboration through any independent source in circumstances, neces­sary.-[Dying declaration-Evidence]. (C) Penal Code (XLV of 1860)- ---- S. 302--[Murder-case]-Injury--Oozing out of blood from wound inflicted on human body, and besmearing of wearing apparel--Normal-Quantity of blood and manner in which it would besmear clothes, however, held, depends upon nature and location of injury, weapon used, and first aid rendered to injured. (d) Penal Code (XLV of 1860)- -- S. 302-[Murder-case]-Nothing on record to show eye-witnesses being partisan in such a way as to falsely implicate appellant-­Most of conclusions reached by trial Judge, acquitting appellant, not possible to be deduced from evidence-Acquittal, held, resulted in miscarriage of justice and rightly set aside by High Court. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Niamat Ali appellant and his mother Mst. Karam Bibi were tried for the murder of Din Muhammad son of Muhammad Ismail, by the learned Additional Sessions Judge, Lahore, who vide his judgment dated 9-I1-1967, acquitted both of them mainly ; for the reason that the solitary injury on the person of the deceased could not have been caused with the knife recovered from the appellant and that the circumstantial evidence contradicted the eye-witnesses. Some doubt was also expressed with regard to the place of occurrence. The State appealed against acquittal. A learned Division Bench of the Lahore High Court dismissed it in so far as Mst. Karam Bibi is concerned but allowed it against Niamat Ali. He having…

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