Abdul Aziz vs State Ss — 2025 PCrLJ 824 QUETTA-HIGH-COURT-BALOCHISTAN

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Abdul Aziz VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of his father-in-law/complainant and causing injuries to his mother-in-law---In the unfortunate incident, the complainant, after receiving firearm injuries, was shifted to the hospital, where he reported the matter to Inspector of Police, who, after drafting Marasla prepared injury sheet and the injured were referred to Medical Officer for examination---Complainant succumbed to the injuries on the same night at 1:00 am---According to the report of deceased (then injured) on 04.09.2020 at 8:45 pm, when he along with his family were present in their house, his son-in-law (appellant) and his two brothers, (acquitted accused) were also present there---In the meantime, the appellant asked that he would take his wife and children with him, but the complainant answered that he might take them with him tomorrow as his mother-in-law was sick---Appellant took out a pistol and started firing, due to which the complainant, received bullet injuries on his left arm and left ribs while his wife received injuries on her left ribs and they were both shifted to the hospital---According to Medical Officer both the deceased received injuries by means of firearms---Thus, the medical certificates also supported the ocular account furnished by injured and son of deceased and dying declaration of the deceased (then injured)---Circumstances established that the prosecution had been successful in proving its case against the appellant beyond a reasonable doubt---However, due to some mitigating circumstances, death sentence was altered to imprisonment for life---Appeal was dismissed with modification in sentence. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 46---Dying declaration---Scope---Sanctity is attached to a dying declaration because a dying man is not expected to tell a lie, however, it requires close scrutiny and corroboration---If the Court is satisfied about the genuineness and truthfulness of the dying declaration, it can be acted upon without any corroboration.

Abdul Aziz vs State Ss — 2025 PCrLJ 824 QUETTA-HIGH-COURT-BALOCHISTAN

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