MUHAMMAD SAEED vs State art — 2024 SCMR 1421 SUPREME-COURT

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MUHAMMAD SAEED VS State art.46---Dying declaration---Scope---Dying declaration is a question of fact which has to be determined on the facts of each case---To find out truth or falsity of a dying declaration, a case is generally to be considered in all its physical environment and circumstances---Dying declaration can be made before a private person but it should be free from any influence and the person before whom it is made has to be examined---It is necessary to ascertain that the dying declaration was made honestly, its maker was in a fit state of mind to make the statement, its maker was free from outside influence, its maker was fearing death and had made a truthful statement. Citation Name: 2024 SCMR 1421 SUPREME-COURTBookmark this Case MUHAMMAD SAEED VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd---Reappraisal of evidence---Case based on dying declaration of deceased---In the instant case, the dying declaration made by deceased before three prosecution witnesses implicating the petitioner/convict was supported/ corroborated by the inquest report, the Medico Legal Certificate (MLC), the postmortem report, the report of the chemical expert with regard to the blood stained clothes of the deceased and the surrounding circumstances---Petition was dismissed, leave to appeal was refused, and conviction and sentence of imprisonment for life awarded to the accused by the High Court was maintained. Citation Name: 2024 SCMR 1421 SUPREME-COURTBookmark this Case MUHAMMAD SAEED VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Mitigating circumstances---Recovery of weapon of offence disbelieved---Absence of motive---Single stab wound---Appellate Court/High Court had (rightly) disbelieved the recovery of Churri (knife) on the pointation of the petitioner/convict from an open place---Furthermore, absence of motive in the FIR, non-proving of the motive introduced by the prosecution witnesses at the trial about the desire of the petitioner/convict to marry the deceased prior to her marriage with a prosecution witness, and single stab wound on the abdomen of deceased had rightly been considered as mitigating circumstances by the High Court to award lessor sentence of imprisonment for life to the petitioner---Petition was dismissed, leave to appeal was refused, and conviction and sentence of imprisonment for life awarded to the accused by the High Court was maintained. Citation Name: 2024 SCMR 1421 SUPREME-COURTBookmark this Case MUHAMMAD SAEED VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Un-natural death of deceased lady during the nigh in her house due to stab wound on her abdomen had not been disputed/denied by the defence---Statement of two prosecution witnesses confirmed that they both had immediately responded to the hue and cry of the deceased, then injured, who told them about churri (knife) blows inflicted by the petitioner/convict---Postmortem report of the deceased also confirmed that the deceased had sustained stab wound on her abdomen which had resulted into her death---According to the postmortem report, time between injury and death of the deceased was one hour and 35 minutes approximately, which confirmed that the deceased remained alive for a considerable period before reaching the hospital---Petition was dismissed, leave to appeal was refused, and conviction and sentence of imprisonment for life awarded to the accused by the High Court was maintained.

MUHAMMAD SAEED vs State art — 2024 SCMR 1421 SUPREME-COURT

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