Law: Penal Code (XLV of 1860)

Section: 302(b)

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

Section: 46

Law: Criminal Procedure Code (V of 1898)

Section: 342

(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 doubtful---Accused was charged for committing murder of the son of complainant by inflicting knife blows--- Incident occurred on 10.05.2019 at about 11.30 am in broad daylight when the deceased was found seriously injured by his co-workers---Deceased however was conscious throughout but he did not personally tell either of those witnesses that the appellant had stabbed him---Deceased remained conscious until his death a number of hours later yet did not reveal to the police, nurses or doctors that the appellant had stabbed him---Instead after being taken from the place of occurrence to local hospital and then referred to Civil Hospital, the deceased according to the evidence of the complainant gave his dying declaration to the complainant alone in the ambulance on the way to the Civil Hospital---Once at the Civil Hospital, deceased did not tell any Police Officer, Medical Officer or any other person that the appellant had stabbed him and died a few hours after reaching the Civil Hospital---Question was why would an injured but conscious man not immediately tell the persons who discovered him at the place of occurrence, the police who took him from the place of occurrence to the local hospital and the doctors at the hospital the identity of who had stabbed him---This would have been the key question on all those people's mind especially the police yet the deceased did not mention to any of them, even after he was transferred to Civil Hospital, that the appellant had stabbed him but allegedly only told his father alone in the ambulance en-route to Civil Hospital---Such conduct did not appeal to logic, reason or common sense---Most significantly, the complainant lodged his FIR about 12 hours after his son/ deceased had given him his dying declaration yet there was no mention in the FIR of his son's/ deceased's dying declaration---Appeal against conviction was allowed, in circumstances.

Basharat Ali v. Muhammad Safdar 2017 SCMR 1601; Muhammad Asif v. The State 2017 SCMR 486; Imtiaz alias Taj v. The State 2018 SCMR 344; Tariq Pervez

v. The State 1995 SCMR 1345; Fayyaz Ahmad v. The State 2017 SCMR 2026; Muhammad Abid v. The State PLD 2018 SC 813; Muhammad Ashraf Khan Tareen