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MASHAD ALI vs State Ss — 2021 PCrLJN 16 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 16 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
MASHAD ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 13; Pakistan Arms Ordinance (XX of 1965)

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

MASHAD ALI VS State Ss. 302(b) & 34---Pakistan Arms Ordinance (XX of 1965), S.13(d)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, common intention, possessing illicit weapon---Appreciation of evidence---Dying declaration---Complainant, then injured, in emergency room of the hospital made report that accused and co-accused persons fired at him, as a result, he got hit---Injured, later on, succumbed to the injuries---Dispute over a shop had been alleged as motive behind the occurrence---Dying declaration of the deceased, then injured, had been recorded in the shape of Murasila by official witness/Assistant Sub-Inspector of Police---Dying declaration/Murasila showed that at the time of making report, the deceased, then injured, was fully conscious---Dying declaration bore the thumb impression of the deceased as well as signature of its author---Factum of orientation and consciousness of the deceased, then injured, at the time of making report could also be gathered from the testimony of Medical Officer, who medically examined the deceased, then injured, deposed that the deceased, then injured, was haemodynamically stable---Both, the author of Murasila and the Medical Officer, had been subjected to cross-examination by the defence but nothing was brought from them that the deceased was not capable to make statement/report---Both the said witnesses had established the factum of consciousness of the deceased, then injured, and his capability to talk and make statement---Facts remained that the deceased then injured remained alive for more than fifteen days after the occurrence, which showed that he was fully conscious, well oriented in time and space and capable to make a statement/report---Appeal against conviction was dismissed accordingly.

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