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

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Abdul Aziz VS State Ss. 302(b) & 324---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Dying declaration---Scope---Accused was charged for committing murder of his father-in-law/complainant and causing injuries to his mother-in-law---In this case, the dying declaration of the deceased (then injured) had been recorded in the shape of Marasila prepared by Inspector of Police---Said witness mentioned in the dying declaration that at the time of making the report, the deceased (then injured) was fully conscious---Dying declaration bore the thumb impression of the deceased as well as the signatures of its author---Factum of orientation and consciousness of the deceased (then injured) at the time of making the report could also be gathered from the medical certificate issued by Medical Officer to the Investigation Officer to the extent that the injured was capable of recording statement and the same certificate was also mentioned in the Marasla, "fit for recording statement"---Complainant lodged the report promptly without any delay---From the evidence, it had been established beyond a shadow of a doubt that the deceased (then injured) made a dying declaration immediately after the incident, eliminating the possibility of influence, etc---Prosecution also produced the son of the deceased who stated that on 04.09.2020, when he was present at Ajwa Hotel at 8:30 pm, he received information about injuries to his parents---Said witness reached the hospital, and there, his father and mother told him that the appellant fired upon them---Both the author of Marasla and son of deceased had been subjected to cross-examination by the defence, but nothing could be extracted from their mouth that the deceased was not capable of recording his statement/report---Both the said witnesses, as well as the certificate issued by the Medical Officer, had established the factum of consciousness of the deceased (then injured) and his capability to talk and make statements---Dying declaration of the deceased (then injured) was recorded on 04.09.2020 at 9:45 pm---Deceased remained alive till 1:00 am 05.09.2020---Firearm entrance wound on the arm and right side of the ribs of the deceased (then injured) resulted in his death---In view of the statement of the author of Marasla and certificate issued by the Medical Officer the deceased (then injured) remained alive till 1:00 am 05.09.2020; i.e. for more than five hours after the occurrence---Deceased, then injured was fully conscious, well-oriented in time and space and capable to make a statement/report---Dying declaration revealed that the deceased (then injured) had directly charged the appellant with a specific role of firing at him and his wife---Dying declaration of the deceased (then injured) was corroborated with the statement of injured witness---Son of deceased also corroborated the version of injured witness in all particulars---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 the said modification in the sentence.

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

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