SALIH MUHAMMAD alias SAWAL vs State Ss — 2022 PCrLJ 173 PESHAWAR-HIGH-COURT

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SALIH MUHAMMAD alias SAWAL VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, common intention---Appreciation of evidence---Dying declaration of complainant---Scope---Accused were charged for committing murder of the complainant/deceased---Motive for the occurrence was disclosed as a dispute arising out of some loan transaction of Rs. 14,000/----In support of dying declaration, prosecution had been relying upon statement of Sub-Inspector (SI), who had recorded the dying declaration in shape of Murasila and statement of Medical Officer as well as statement of brother of the deceased/complainant---Prosecution had also been relying upon the consciousness certificate as well as report of initial medical examination of injured by same Medical Officer---In support thereof Medical Officer had been examined, who in his cross-examination stated that during examination the patient was serious and in trauma---Said witness also admitted that certificate neither borne his signature nor his seal---Certificate borne signature of a doctor but same could easily be said to be different from the signature present on report of medical examination of the deceased---Medical Officer had also disowned said signature---Doubtful as to who had signed the certificate as a doctor---Even the Medical Officer who claimed to have given consciousness certificate had also stated that during initial examination of the patient he had been serious and in trauma---After receiving major injuries to brain, lungs and main vessels associated therewith, it was hard to believe that he would have retained his conscious and given the statement in as much detailed as recorded in the Murasila---Sub-Inspector who had recorded the 'Murasila' admitted that the consciousness certificate had not been signed by him and further added that it had in-fact been signed by his assistant/Head Constable---Said Head Constable had not been examined as witness in the trial---Dying declaration in the case in hand had not at all been reliable and worthy of reliance---Factum of dying declaration could not be proved by the prosecution---Complainant had also a brother and relatives in his company and he was also prone to tutoring and consultation---Dying declaration could not therefore be relied upon in such circumstances and same had been of no help to the case of prosecution---Prosecution had failed to bring home of the accused---Appeal was allowed. Head NotesCase Description

SALIH MUHAMMAD alias SAWAL vs State Ss — 2022 PCrLJ 173 PESHAWAR-HIGH-COURT

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