NADIR ALI alias BABAR vs State Ss — 2024 YLR 1597 KARACHI-HIGH-COURT-SINDH

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NADIR ALI alias BABAR VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, common intention---Appreciation of evidence---Dying declaration---Reliance---Accused were charged for committing murder of the son of complainant by inflicting hatchets and knives blows---Record showed that dying declaration was made by the deceased before two persons at two different places while he was on the way to hospital---Eyewitness stated that deceased himself narrated the facts to two witnesses in respect of injuries caused to him by the accused persons---One of the witnesses stated that at the time of incident he was standing at a grocery shop where he had seen three persons on motorcycle driven by "M"; injured was sitting in between "M" and "S"; he had seen that victim was bleeding and injured and on his query disclosed that he was coming from his work where he was attacked by accused with a hatchet and with knives by other two accused persons---Other witness stated that on 09-01-2020 he was returning from a factory and was available outside his house and saw "M" and "S" bringing victim where he rushed and inquired from the victim as to who had done this to which the victim replied that accused persons had caused injuries with hatchet and knives---Said witnesses took a motorcycle for taking the injured to the hospital---During cross-examination he negated the suggestion of defence in respect of injured being in his senses at the time when he inquired from the injured victim---Said witnesses were independent witnesses having no enmity or ill-will with the accused persons nor was it so suggested during their cross-examination---In the present case dying declaration was oral and was not in writing---No particular format was required for a dying declaration and the main requirement appeared to be that it was made without influence and it was made before two independent persons by the deceased when he was alive and was in full senses---Dying declaration, thus, fulfilled all the requirements of law and it was admissible and could be relied upon---However, due to same mitigating circumstances the death sentence of accused was altered to life imprison-ment---Appeal was dismissed with such modification in sentence.

NADIR ALI alias BABAR vs State Ss — 2024 YLR 1597 KARACHI-HIGH-COURT-SINDH

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