Qaiser Abbas vs State S — 2025 PCrLJ 311 LAHORE-HIGH-COURT-LAHORE

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Qaiser Abbas VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd---Appreciation of evidence---Dying declaration of deceased doubtful---Accused was charged for committing murder of the complainant by firing---Medical Officer, who conducted postmortem on the dead body of deceased, observed that the drain tube incision and stitch wound on the right iliac fossa oblique measuring 5xl cm marks were present---Such fact suggested that deceased then injured went through surgical process---When the Medical Officer referred the injured for a surgeon's opinion and provided medical treatment, it could not be said that he was in a condition to give a statement---In the inquest report, in the column of brief history, it was mentioned that the injured was referred to other hospital from a local hospital---Immediately after providing first aid, Medical Officer must have conducted a medico-legal examination first--- Time was mentioned as 1:40 a.m. on 26.08.2015, on the Medico-Legal Certificate---After that, the injured was sent for surgery and the prosecution did not produce the surgical unit/department record---Prosecution failed to establish where victim took his last breath---So, the time of writing the dying declaration was wrong---Record showed that the dying declaration was recorded much later, and the Medical Officer concerned unmindfully mentioned that the injured was fit to make a statement on the application for recording the statement of the injured---Why Medical Officer had not written said fact on the dying declaration, was surprising and raised eyebrows---Dying declaration and injury report were recorded at the same time---Due to the nature of the injury and abnormal pulse rate, a semi-conscious injured person was not expected to be able to depose a dying declaration---Thus, the dying declaration appeared to be highly doubtful---Appeal against conviction was allowed, in circumstances.

Qaiser Abbas vs State S — 2025 PCrLJ 311 LAHORE-HIGH-COURT-LAHORE

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