Law:

Section:

(a) Penal Code( XLV of 1860)-----S.302--Appeal against acquittal--Appreciation of evidence--Claim of eye-witnesses to have seen occurrence not free from doubt--Evidence of dying declaration coming from such witnesses, held, would not deserve any better treatment. (b) Penal Code (XLV of 1880)-- ---S.302--Appreciation of evidence--Dying declaration--Medical Officer testified that "it was possible that due to injury on the brain, deceased may not have been capable to talk after receipt of said Injuries"--­Testimony of witnesses of dying declaration found to be doubtful as eye-witnesses of occurrence--Basing conviction on strength of such dying declaration, was, held, to be highly unsafe in circumstances. Agha Aziz Ahmed Khan, Advocate Supreme Court Instructed by Rao Muhammad Yousaf Khan, Advocate-on-Record for Petitioner. M. Aslam Chaudhry, Advocate-on-Record for Respondent No. 1 (absent). K.E. Bhatti, Advocate Supreme Court for the State:. Date of hearing: 10th December, 1984. ORDER M.S.H.QURAISHI, J.-- This is the complainant's petition seeking leave to appeal from the judgment of acquittal passed by the Lahore High Court, dated 30-10-1983, on appeal by Shah Fakhar Zaman respondent /accused, who had been convicted under section 302, P.P.C. and sentenced to death plus fine and compensation by the trial Court. . 2. The case had proceeded against Shah Fakhar Zaman upon the allegation that he had committed the murder of Munir Akhtar deceased by firing at him at 6.30 p.m. on 2-1-1981 in front of the house of the deceased in village Danda Shah Bilawal, 21 kilometers from P.S.Lawa, District Attock. The occurrence had been seen by Muhammad Banaras, cousin, and Mst. Bakht Bhari, mother of the deceased, and two other, relatives of his, namely, Muhammad Khan and Fateh Muhammad who were not produced. According to the prosecution, Mst. Bakht Bhari on hearing a knock at the door of the Haveli got up to unchain the door. She heard report of gunshot in the Gali. The witnesses then heard the voice of the deceased to the effect that he had been fired at by the respondent. Another shot followed and on coming out, the witnesses saw the deceased lying covered with blood in front of…

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