MUQADAR KHAN vs State Ss — 2024 PCrLJ 229 PESHAWAR-HIGH-COURT

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MUQADAR KHAN VS State Ss. 302(b), 324, 337-F(ii) & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah damihah, common intention---Appreciation of evidence---Dying declaration---Reliance---Accused was charged for firing upon complainant and his nephew with his pistol resulting into injuries on their bodies; injuries sustained by complainant proved fatal because of which he subsequently died---Record showed that the Murasila/dying declaration had been drafted on the report of deceased then injured---Not only said report was seconded by injured eye-witness but he also verified the contents of Murasila when appearing during the trial proceedings---Injured complainant and injured eye-witness were well oriented in time place and person as spelt out from certificate endorsed by Medical Officer who, in order to ascertain as to whether they were able to record statements, had examined both of them on their arrival to casualty of DHQ hospital and issued certificate about his opinion---Nothing was available on record from the mouth of witnesses to create even a slightest doubt qua the genuineness of said certificate---Head Constable, who recorded dying declaration of deceased then injured in shape of Murasila, had verified the contents of said report by stating that he had read over the report to deceased then injured whereafter he signed the same in his presence---Prosecution had adequately discharged its burden in establishing that the dying declaration had been recorded by deceased then injured himself without being influenced or tutored---Beside the dying declaration had been verified by injured eye-witness/seconder of Murasila as well as by the author of dying declaration whose statements had not been damaged during their cross-examination, therefore, no hesitation was found in considering dying declaration of the deceased as a substantive piece of evidence---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly dismissed.

MUQADAR KHAN vs State Ss — 2024 PCrLJ 229 PESHAWAR-HIGH-COURT

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