Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46

(a) Penal Code (XLV of 1860)----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd---Reappraisal of evidence---Murder inside a court room---Judicial confession---Dying declaration supporting conviction---Arrest on the spot---Empties matching recovered weapon--- Accused was convicted by Trial Court under S. 302(b), P.P.C. and sentenced to death on two counts--- Validity--- Accused was apprehended inside the court room along with pistol and live bullets---Empties recovered from the spot matched with the pistol recovered from the accused--- Accused had made a voluntary judicial confession without any coercion or duress, and it was recorded the same day of occurrence after observing all codal formalities---One of the deceased recorded his statement/dying declaration before the police prior to his death wherein he implicated the accused for the crime---Police officer who recorded such statement/dying declaration appeared before Trial Court to confirm that he had recorded such statement on the day of occurrence---Prosecution had proved its case against accused beyond any reasonable shadow of doubt---Sentence of death awarded by Trial Court was upheld---Appeal of accused was dismissed accordingly. (b) Qanun-e-Shahadat (10 of 1984)----Art. 46---Criminal Procedure Code (V of 1898), S. 161---Dying declaration---Scope---Statement made by deceased before police on the day of occurrence implicating the accused---Statement not signed by a doctor---Effect---Reliance on such statement for conviction---Deceased not related to any prosecution witness or other deceased persons---In the presence of other strong evidence, such a statement could be considered a supportive piece of evidence---Where record suggested that the deceased was an independent person, not related to any prosecution witness or other deceased, then he could not be expected to lie on death bed---Such statement of deceased could be relied upon for convicting the accused. Farmanullah v. Qadeem Khan and another 2001 SCMR 1474 and Majeed v. The State 2010 SCMR 55 ref. (c) Penal Code (XLV of 1860)----S. 302(b)---Qatl-i-amd---Hired assassin---Award of death sentence---Period spent in incarceration since…

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