Law: Penal Code (XLV of 1860)

Section: 302(b)

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---Appreciation of evidence---Dying declaration---Scope---Prosecution case was that the deceased then injured, lodged the crime report that accused-appellant armed with .303-bore rifle, fired at him and he got hit on his left thigh---Record showed that the deceased then injured did not make the report under expectation of death, but narrated the circumstances which resulted in his death---Deceased was not expecting death because the injury was on his left thigh, which was normally called non-vital part of the body---Medical Officer, however, stated the cause of death to be the injury on main vessels leading to extensive blood loss and shock---Signatures of deceased then injured and the Police Officer were available on the FIR, lodged by the injured himself immediately after the incident, eliminated the possibility of any influence, therefore, the same could be termed as dying declaration and conviction could be based on the same. Mst. Shamim Akhtar v. Fiaz Akhtar and 2 others PLD 1992 SC 211; Majeed v. The State 2010 SCMR 55 and Farmanullah v. Qadeem Khan and another 2001 SCMR 1474 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 46---Dying declaration---Admissibility---Not necessary for the admissibility of dying declaration that the deceased at the time of making the report should have been under expectancy of death. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 512---Qatl-i-amd---Appreciation of evidence---Statement of witness in absence of accused---Scope---Prosecution case was that complainant in injured condition lodged report that accused-appellant while armed with .303-bore rifle fired at him, which hit on his left thigh---Complainant/ injured succumbed to the injury---Ocular account was furnished by a witness---Record showed that witness of ocular account appeared before the court on 29.8.2015 but his statement could not be recorded due to absence of counsel for the complainant---Said witness was abandoned being won-over on 2.9.2015---Application was later on submitted for transferring the statement of said…

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