Law: Pakistan Penal Code (XLV of 1860)

Section: 302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46

(a) Penal Code (XLV of 1860)-------S. 302---Qanun-e-Shahadat (10 of 1984), Art.46---Appreciation of evidence---Dying declaration---True disclosure of incident--�Determination---When deceased was brought to hospital in injured condition, medical officer started giving him first aid with the result that deceased regained his senses and immediately thereafter, arrangements were made for recording of dying declaration---Accused contended that dying declaration was tutored one---Validity---No time was left with anybody to consult with deceased or tutor him in circumstances---Dying declaration consisted of few sentences---If deceased would have been tutored, then he had given the names of other accused persons as stated by prosecution witnesses---Faculty of speaking of deceased was not affected at the time of recording of dying declaration which he regained after receiving first aid by medical officer---Dying declaration was properly recorded by Magistrate in presence of medical officer---Dying declaration, held, was true and voluntarily made in circumstances.(b) Penal Code (XLV of 1860)--------S. 302---Appreciation of evidence---Interested witnesses, evidence of---Presence of eye-witnesses not supported by dying declaration---Both the eye-witnesses were related to deceased---Brother of one of the accused was murdered a few months back in which brother and near relatives of eye-witnesses were challaned in that case--Effect---Such eye-witnesses were not only interested in the matter but were also hostile to the accused persons---Evidence of such eye-witnesses required strong and independent corroboration with regard to their presence at the scene of incident---Presence of eye witnesses was excluded by dying declaration of deceased---Ocular testimony of such eye-witnesses was not relied upon in circumstances.(c) Penal Code (XLV of 1860)-------S. 302---Appreciation of evidence---Recovery of blood-stained dagger and blood-stained clothes--Proof---Evidence of Investigating Officer was corroborated by Mashir who had given the same details of recoveries--�Both the witnesses of recovery were subjected to cross-examination but nothing had come on record to discredit their…