Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(4)

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

Section: 46

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, haraabah--- Appreciation of evidence---Dying declaration---Scope---Accused was charged for committing murder of the deceased/complainant while snatching money---Admittedly, the statement of the deceased then injured incorporated in the FIR was recorded in the hospital but neither his statement was attested by the concerned Medical Officer to verify that the deceased then injured was medically fit and was in his senses to make such statement nor had been verified and signed by any other Police Official or any private witness---Statement of deceased then injured was accepted as a whole truth without opportunity of cross-examination on the hypothesis that a person on the death bed could not lie---Present case was distinguishable, for the reason that the deceased then injured did not die within a short spell of time rather he remained alive for 39 days---In such scenario, it was obligation upon the Prosecution, in circumstances, was obliged to have proved on record through medical evidence that during such period of treatment he was able and fit to make statement---Investigating Officer in his examination-in-chief stated that he had been visiting the injured admitted in hospital but deceased then alive was unable to give his statement and that he only stated that he had been fired at by accused just for snatching money---If the statement of Investigating Officer was believed to be true and correct then question mounted that if he was not able to make statement during his treatment in a hospital wherein he remained for 39 days, how could he make statement on the day of incident---In absence of such explanation, the need of medical evidence arose to prove such factum, which was missing---Prosecution had to establish through cogent evidence that the dying man was in full sense, conscious, alert to surroundings, fully orientated to time, space and able to make such statement, whereof a fitness certificate about the medical condition of declarant was must, which had not been obtained and…

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