WAKIL KHAN vs State Ss — 2021 YLRN 62 PESHAWAR-HIGH-COURT

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

WAKIL KHAN VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd, common intention---Appreciation of evidence---Dying declaration---Unnatural conduct of scribe---Scope---Accused was charged that he and co-accused made firing upon the complainant, who was hit and injured, on the following day injured succumbed to the injuries---Scribe of the dying declaration stated that as the patient was conscious and capable to talk so he did not feel the need either to consult a doctor before the report or to ask for a certificate---Conduct of the scribe was not only abnormal but unnatural as well---No denial to the fact that the matter was reported in the emergency room of D.H.Q Hospital but despite the availability of doctor and other concerned the scribe went reckless knowing the fact that his conduct would put a greater impact to the prosecution case, as the only available evidence was the statement of the complainant---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

WAKIL KHAN vs State Ss — 2021 YLRN 62 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported