Haq Nawaz vs State Ss — 2025 MLD 862 LAHORE-HIGH-COURT-LAHORE

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Haq Nawaz VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, common intention---Appreciation of evidence---Dying declaration---Scope---Accused were charged for committing murder of the son of complainant by firing---Allegedly, there was a dying declaration of deceased, wherein he fully implicated appellant in this case---Noteworthy that Medical Officer, who initially medically examined deceased in injured condition, was not the medical officer, who allowed the Investigating Officer to record the dying declaration of the deceased---Said Medical Officer did not utter a single word in that respect and the Medical Officer, who allowed to record the alleged dying declaration of the deceased, was not produced in the witness box---Moreover, Medical Officer had further stated during his cross-examination that the condition of the injured was critical and in the column of history, he had mentioned that the victim did not name the assailant---In order to prove the dying declaration of the deceased, the prosecution had only produced a retired police official---Said witness stated that he recorded dying declaration of the deceased and he also produced the document to establish that the deceased was fit to make statement but the relevant Medical Officer, who gave the opinion that the deceased was fit to make statement had not been produced in the witness box---Noteworthy that in the examination-in-chief, retired police official, had stated that at the time of joining the deceased, the then injured, into the investigation of this case the father of the deceased,his mother and brother were present, who joined the investigation but the complainant did not utter a single word in his examination-in-chief that dying declaration of deceased was recorded in his presence---Remaining witnesses of dying declaration were also not produced by the prosecution in the witness box---Neither any member of the concerned hospital staff was associated at the time of recording of statement of the deceased nor was it verified by any official of the hospital that the statement was actually made by the deceased---Under the circumstances, the status of statement of the deceased was a statement under S.161, Cr.P.C and not the dying declaration of the deceased---Circumstances established that the prosecution failed to prove its case to the extent of appellant beyond the shadow of doubt---Appeal against conviction was accordingly allowed.

Haq Nawaz vs State Ss — 2025 MLD 862 LAHORE-HIGH-COURT-LAHORE

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