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(a) Evidence Act (I of 1872), S. 32 and Criminal Procedure Code (V of 1898), S. 154-First Information Report lodged by deceased herself-Could be used as dying declaration-Penal Code (XLV of 1860), S. 302. (b) Penal Code (XLV of 1860), S. 302-Deceased herself lodging F. I. R. and before her death making a dying declaration before Magistrate-Statements made in two, discrepant regarding love affair of deceased with accused-Mother and a relative of deceased present at time of recording of her dying declaration Deceased's statement that she had caught hold of blade of spear with both hands not borne out by medical evidence-Dying declara­tions, held, not true and genuine in circumstances-Benefit of doubt given to accused-Evidence Act (I of 1872), S. 32. M. Saleem, Senior Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate- on-Record for Appellant. Asghar All Bhatti, Assistant Advocate-General Punjab (Saeedul Hassan, Advocate with him) instructed by Ijaz Ali, Advocate-on-Record for the State. Date of hearing : 2nd March 1971. JUDGMENT WAHIDUDDIN AHMAD, J.--This appeal by special leave is directed against the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th October 1969, in Criminal Appeal No. 178 of 1969/Murder Reference No. 58 of 1969. By this judgment the appeal was dismissed and the death sentence of the appellant was confirmed. Appellant Fazal Ahmad alias Phallu was convicted by the Sessions Judge, Jhelum for committing lurking house trespass and the murder of Mst. Rajan on the night intervening 29th and 30th June 1968. He was sentenced under section 458, P. P. C., to 7 years' rigorous imprisonment and under section 302, P. P. C. to sentence of death. The appellant challenged this judgment in the above-mentioned appeal but it was dismissed and the death sentence was confirmed. The prosecution case is that the appellant who was carrying on love affair with the deceased was desirous of taking her away from the house of her husband but she was not prepared to leave her children and refused to go with him. It is alleged that on the night of the alleged occurrence, the appellant committed lurking house trespass and approached…

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