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GHULAM SHABBIR versus STATE


Sections 302 of the Law Evidence Order (10 of 1984), Article 46 (1) of the Evidence Act (I of 1872), Section 32 (1) of the Constitution of Pakistan (1973), Article 185 (3) of the declaration of evidence of death of the applicants. Leave of Appeal Against Advocate (i) that the prosecution did not succeed in establishing its case against the applicant because two witnesses appearing in support of the prosecution case were hostile towards the applicant and other independent evidence. Their textual version is also not diverse. (ii) The deceased's statement was recorded by the police officer at the hospital when the deceased's relatives were around him and, therefore, it was a tutored statement. (iii) One of the prosecution's witnesses admitted in court that there was a dispute over the identity of the assailant between the deceased and his relations at the time of recording the deceased's statement and since the declaration of the deceased was not voluntary and a suspicious document. So it should not be. The cases relied on by the lower courts, which were held, were a fit that should have been relieved.

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