ALLAH MUHAMMAD vs State Ss — 2021 PCrLJ 1788 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1788 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: ALLAH MUHAMMAD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

ALLAH MUHAMMAD VS State Ss. 302(b), 337-a(i), 337-F(i) & 34---Qanun-e-Shahadat (10 of 1984), art. 46---Qatl-i-amd, shajjah-i- khafifah, ghayr-jaifah-mudihah, common intention--- appreciation of evidence---Sentence, reduction in---Dying declaration, reliance on---Scope---Prosecution case was that the accused persons attacked on complainant with dandas, due to which he received injuries on his head, wife of the complainant came after him to rescue, but co-accused made fire which hit his wife and she fell on the ground and succumbed to injuries---Record depicted that while recording the statement of the deceased under S. 161, Cr.P.C., neither doctor nor the prosecution submitted any certificate in regard of capability of the deceased for making statement---Preferably, dying declaration was to be recorded by Magistrate---If there was no Magistrate available or no time to call the Magistrate due to deteriorating condition of the victim, his statement could be recorded in presence of doctor or two witnesses---Record revealed that no such condition was fulfilled by the Investigating Officer---Trial Court had wrongly relied on such dying declaration of the victim---appeal against conviction was disposed of with modification in sentence.

Other judgments reported in 2021 PCRLJ

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--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
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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