WAQAS MASIH alias SANWAL vs State Ss — 2023 YLR 1988 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1988 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: WAQAS MASIH alias SANWAL vs State Ss
Subject matter: Criminal

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

WAQAS MASIH alias SANWAL VS State Ss. 302(b) & 336-B---Qaun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, hurt caused by corrosive sub-stance---Appreciation of evidence---Dying declaration---Scope---Accused was charged for committing murder of the son of complainant by sprinkling acid on him, which resulted into burning of his face, chest and legs and later on he succumbed to his injuries---Deceased succumbed to the injuries prior to recording his statement before the Trial Court, however, the fact remained that the statement recorded by the deceased fully supported the prosecution version and named the accused as the real culprit, who threw acid upon his person---Medical evidence and the other facts and circumstances of the case would suggest that the deceased was severely injured, but he was in his senses to record such a statement before the Investigating Officer---Thus, under the settled norms of justice, the statement of the deceased was rightly declared as a dying declaration---Even otherwise, the most important evidence on such behalf was the medical evidence recorded by Medical Officer, who brought nothing on record that the deceased during his surviving period was not in his senses or he could not have recorded his statement before the police---Dying declaration recorded by the deceased was in simple words, wherein the deceased implicated the accused with specific role which had been proved by the prosecution through direct, ocular and medical evidence---Thus, no lawful justification was found whatsoever to disbelieve dying declaration of deceased---Appeal against conviction was dismissed accordingly.

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