Law: Penal Code (XLV of 1860)

Section: 302(b),109

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

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

Section: 46

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, abetment, possessing unlicensed weapon---Appreciation of evidence---Sentence, reduction in---Dying declaration supported by medical evidence---Scope---Accused was charged for committing murder of his daughter/complainant by firing---Lady/complainant in her dying declaration, had named her real father and brother for causing her the injuries---Certificate showing that the lady had been conscious and capable of giving her statement had also been obtained from the lady doctor which was exhibited in evidence---Medical Officer had been examined in support thereof---Medical Officer had been cross-examined by the defence side but nowhere had they disputed the fact that the lady had been conscious and able to give her statement to the police officer---Medical Officer who had examined the complainant had given her certificate that the lady had been conscious and in senses at the time of recording of her statement, and she had stood by said certificate during the course of her examination before the Court---No reason existed to disbelieve her statement in that respect---Article 46 of the Qanun-e-Shahadat, 1984 had made dying declaration as admissible in evidence and same could therefore be safely relied upon---Circumstances established that the prosecution had proved its case against the accused, however due to some compelling circumstances, death sentence was reduced to life imprisonment---Appeal was partially allowed. 2016 SCMR 274; 2017 SCMR 898; 2019 SCMR 129; 2019 SCMR 274; 1999 PCr.LJ 1087; 2011 PCr.LJ 470; PLD 2012 Pesh. 22; 2018 YLR 1629; 2019 YLR 516 and 2019 PCr.LJ 1014 ref. Farmanullah v. Qadeem Khan and another 2001 SCMR 1474 and Mehtab Khan v. The State 1996 SCMR 1137 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, abetment, possessing unlicensed weapon---Appreciation of evidence---Ocular account---Scope---Accused was charged for committing murder of his daughter/complainant by firing---Ocular account of the occurrence had been…

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