Law:

Section:

(a) Evidence Act (I of 1872)------- ----S. 32-Dying declaration--­Murder-All eye-witnesses present in hospital when dying declara­tion was being recorded-Possibility that deceased was tutored by them could not be ruled out. (b) Penal Code (XLV of 1860)------ -----Ss. 302 & 325--­Murder-Parties inimically bent towards each other; dying declaration tutored and statements of eve-witnesses found exaggerat­ed-Benefit of doubt given to some accused but others convicted under S. 325/149, P. P. C. on ground that some prosecution witnesses bearing injuries on their persons assigned specific part to these accused. (Sajjad Ahmed, J. contra). In the present case it was found that the complainant and the accused parties were inimically bent towards each other. The dying declaration of the deceased was also found to be tutored. The High Court, in circumstances, gave benefit of doubt and acquitted all accused. On appeal against acquittal the Supreme Court agreed with the High Court that the dying declaration was not reliable and that there was no love lost between the complainant party and the accused. The Supreme Court, therefore, maintained the acquittal of a number of accused but as regards others their Lordships observed: "There is no satisfactory reason to acquit the other respon­dents. It is true that the injured persons are related inter se and are on inimical terms with the accused party but that by itself is no reason to discard their evidence. We are inclined to hold that the prosecution story as a whole is false one. There may be some exaggeration in the statements of the eye-witnesses but their statement that they were attacked and beaten by the respondents in front of the house of Muhammad Hussain should not have been lightly ignored. The occurrence also took place at the place from where the blood-stained earth was taken. The mere fact that the blood was found disintegrated does not prove that the occurrence did not take place at that place. There is sufficient evidence on the record to show that Sadiq respondent No. 3, Rashid son of Sardar Khan respondent No. 4, Dewan Ali respondent No. 5, Allah Rakha respondent No. 6, Muhammad Khan son of Sardar Khan…

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