KHAISTA MUHAMMAD vs State Ss — 2021 PCrLJ 1323 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 1323 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: KHAISTA MUHAMMAD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHAISTA MUHAMMAD VS State Ss. 302(b) & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, abetment, possessing unlicensed weapon---Appreciation of evidence---Sentence, reduction in---Dying declaration supported by medical evidence---Scope---Accused was charged for committing murder of his daughter/complainant by firing---Lady/complainant in her dying declaration, had named her real father and brother for causing her the injuries---Certificate showing that the lady had been conscious and capable of giving her statement had also been obtained from the lady doctor which was exhibited in evidence---Medical Officer had been examined in support thereof---Medical Officer had been cross-examined by the defence side but nowhere had they disputed the fact that the lady had been conscious and able to give her statement to the police officer---Medical Officer who had examined the complainant had given her certificate that the lady had been conscious and in senses at the time of recording of her statement, and she had stood by said certificate during the course of her examination before the Court---No reason existed to disbelieve her statement in that respect---Article 46 of the Qanun-e-Shahadat, 1984 had made dying declaration as admissible in evidence and same could therefore be safely relied upon---Circumstances established that the prosecution had proved its case against the accused, however due to some compelling circumstances, death sentence was reduced to life imprisonment---Appeal was partially allowed.

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2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
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2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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