ABDUL KHALIQ vs State S — 2021 SCMR 325 SUPREME-COURT

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ABDUL KHALIQ VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Related witness, testimony of---Scope---Mere relationship of a witness with the deceased did not undermine the value of his testimony, if otherwise it was found with a ring of truth. Citation Name: 2021 SCMR 325 SUPREME-COURTBookmark this Case ABDUL KHALIQ VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Dying declaration made in presence of doctor corroborated by recovery of weapon and medical evidence---Shortly after the incident, the deceased was rushed to a hospital, where a doctor (prosecution witness) attended to him---According to the doctor's deposition, he endorsed/attested statement given by the deceased, which was subsequently treated as a dying declaration---Doctor was subjected to extensive cross-examination but remained unambiguously categorical about deceased's capacity to communicate at the time when he examined him in an injured condition---Doctor further confirmed that the statement of deceased was recorded in his presence, and he denied connivance with the police---Evidence given by the doctor was found to be straightforward and confidence inspiring throughout without any taint---Mere presence of relatives who brought the deceased in injured condition to the hospital would not by itself impair the evidentiary value of statement made by the deceased, while in critical condition---In his last moments, the deceased confined his case to the accused only instead of attributing second shot to the co-accused---Dying declaration was further corroborated by the weapon recovered from the accused at the time of his arrest, found wedded with the casings secured from the spot and consistent with the injuries that cost the deceased his life---Statement of a witness, who was a resident of the same locality, was in line with the details of events given in the dying declaration---Prosecution's failure on motive and acquittal of co-accused, assigned an inconsequential and vastly distinguishable role, did not have any bearing on the case of accused, which was firmly structured on more than one piece of evidence---Petition for leave to appeal was dismissed and leave was refused.

ABDUL KHALIQ vs State S — 2021 SCMR 325 SUPREME-COURT

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