| Citation(s) |
|---|
| 2019 SLG 2368 2019 SLD 2368 2019 PLJ 423 |
Supreme Court of Pakistan
Crl. As. 3-P & 4-P of 2014, decision & hearing Dated: 30.04.2019. (On appeal from the judgment Dated 02.10.2012 passed by the Peshawar High Court, Peshawar in Criminal Appeal No. 698 of 2011)
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Mr. Astaghfirullah, ASC and Mr. Muhammad Ajmal Khan, AOR (in Crl. A. No. 3-P/2014).
Respondent(s) by: Barrister Qasim Wadud, Additional Advocate General, Khyber Pakhtunkhwa along with No. 1 (in Crl. A. No. 3-P/2014).
Crl. As. 3-P & 4-P of 2014, decision & hearing Dated: 30.04.2019. (On appeal from the judgment Dated 02.10.2012 passed by the Peshawar High Court, Peshawar in Criminal Appeal No. 698 of 2011)
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Mr. Astaghfirullah, ASC and Mr. Muhammad Ajmal Khan, AOR (in Crl. A. No. 3-P/2014).
Respondent(s) by: Barrister Qasim Wadud, Additional Advocate General, Khyber Pakhtunkhwa along with No. 1 (in Crl. A. No. 3-P/2014).
SOMAID AND ANOTHER
VS
ALI GOHAR @ GOHAR ZAMAN AND ANOTHER
Law: Pakistan Penal Code, 1860
Section: 302,302(b)
Law: Criminal Procedure Code (V of 1898)
Section: 382B
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Dying declaration--Appreciation of evidence--Benefit of doubt--Acquittal of--deceased was on way back after attending a condolence meeting when appellant fired upon him, as result he sustained four entry wounds with two exits--After making statement to the police; he succumbed to the injuries--conviction and sentence of death as tazir altered from death into imprisonment for life by the High court--According to the statement of PW, he received the injured and recorded his statement--Sanctimonious hypothesis notwithstanding before conviction is based upon such a declaration, prosecution must demonstrate beyond shadow of doubt that it comprises of the words of declarant alone without extraneous prompting or additions--the person who records dying declaration is therefore a most important witness to verify veracity thereof--He is conspicuously missing in the array of witnesses and thus declaration, cannot be relied upon without potential risk of error--It would be grievously unsafe to maintain the conviction--Appeal is allowed. Dying declaration ----Dying declaration, in legislative wisdom, is an exception to general rule of direct evidence; it is admitted to the detriment of an accused without opportunity of cross examination upon the declarant under the belief that a person, face to face with God, would tell nothing but the whole truth. THIS JUDGMENT DELIVERED BY: Qazi Muhammad Amin Ahmed, J.- Criminal Appeal No. 3-P/2014 and Criminal Appeal No. 4-P/2014, by the complainant's son and convict respectively, through leave of the Court, arisen out of incident dated 22.9.2005 within the remit of Police Station Zaida, District Swabi; with a common thread, are being decided through this single judgment. 2. Prosecution case is structured on the statement of Haji Muhammad Zamin Khan, deceased; he was on way back after attending a condolence meeting when Ali Gohar, appellant fired upon him, as result whereof he sustained four entry wounds with two exits. After making statement to the police; he succumbed to the injuries; the accused absconded; arrested belatedly he…
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