Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 394---Qanun-e-Shahadat (10 of 1984), Art.46--­Constitution of Pakistan (1973), Art. 185(3)---Courts below had rightly treated the F.I.R. as dying declaration---Dying declaration made soon after the incident or at a time when the deceased expected death deserved great weight and could not be discarded merely on the assumption that it was the result of consultation or deliberation---Ocular testimony and medical evidence had fully corroborated the dying declaration made by the deceased---Absence of enmity between the parties had excluded all possibilities of false implication or substitution---Murder was pre­planned and brutal---Impugned being strictly in accordance with the principles relating to dispensation of criminal justice, no interference was warranted---Leave to appeal was refused to accused accordingly. Farmanullah v. Qadeem Khan and another 2001 SCMR 1474 ref. (b) Penal Code (XLV of 1860)----- ----Ss. 302(b) & 394---Qanun-e-Shahadat (10 of 1984), Art.46----Appreciation of evidence--Dying declaration--Dying declaration made soon after, the incident or at a time when the deceased expected death deserves great weight and cannot be discarded merely on the assumption of being the-result of consultation or deliberation. Farmanullah v. Qadeem, Khan and another 2001 SCMR 1474 ref. JUDGMENT ABDUL HAMEED DOGAR J.---Petitioner War Iqbal alias Shahid seeks leave to appeal against the judgment dated 14-5-2002 of a learned Division Bench of Lahore High Court, Lahore, whereby Criminal Appeal' No.56-J of 2002 filed by him was dismissed and death sentence awarded to him by the learned trial Court was upheld and Murder Reference for confirmation of death sentence forwarded by the learned trial Court was accepted. 2. The fateful episode took place on 24-2-1998 at about 5/6 p.m., when at that tire; complainant/injured Muhammad Javed had gone to Mandi Morr from where petitioner took him to village Chhatta. Petitioner in order to extort Rs.14,000 from the complainant which money was with him at that time, arranged meal from his house in which he mixed some intoxicant. After having meal accused Anwar, Aurangzeb and one…

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