MUHAMMAD FAZIL vs State Ss — 2022 YLR 754 FEDERAL-SHARIAT-COURT

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MUHAMMAD FAZIL VS State Ss. 302 & 324---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qanun-e-Shahadat (10 of 1984), art.46---Qatl-i-amd, attempt to commit qatl-i-amd, haraabah--- appreciation of evidence---Dying declaration---Scope---accused was charged for committing murder of the complainant during snatching cash---Record showed that the whole case of prosecution was mainly relying upon the dying declaration of the deceased/complainant recorded in the hospital on his death bed in serious injured condition---Statement of the deceased/complainant firstly recorded by SI/SHO and subsequently in presence of independent private witnesses was strong piece of admissible evidence within the meaning of art. 46 of the Qanun-e-Shahadat, 1984---Said statement of victim was corroborated by the statements of two witnesses, who had lastly seen the complainant/deceased in the company of the accused, when they all had dinner together a night before the occurrence of crime---Objection raised by the defence about the manner in which the dying declaration was made was also irrelevant because there was no special mode of recording dying declaration---Viewed from whichever angle, statement of the deceased/complainant could be fully treated as "Dying Declaration"---Deceased/complainant had given a very simple and straightforward version of the incident and he had no motive to falsely implicate the accused---Story of deceased/complainant was supported by the medical evidence inasmuch as danda blows inflicted on his head and his right leg, which were noticed during medical examination conducted by Medical Officer---Dying declaration was recorded in presence of witnesses, hence, left no space of doubt---Contents of the dying declaration were also supported by the statements of witnesses---Both witnesses were private independent witnesses---Witnesses were last seen witnesses of company of the deceased/complainant and the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly.

MUHAMMAD FAZIL vs State Ss — 2022 YLR 754 FEDERAL-SHARIAT-COURT

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