Law: Evidence Act (I of 2872)

Section: 32

Law: Penal Code (XLV of 1860)

Section: 302

(a) Evidence Act (l of 1872), S. 32(1)---Dying declaration--- Words "circumstances of the transaction which resulted in his death"-Import--Circumstances narrated in statement in list relate to transaction resulting in death of deponent. The words "circumstances of the transaction which resulted in his death" have clearly a wider import and can be said to have covered the declarations made before the death of a person provided the circumstances narrated therein have a proximate relation with the actual occurrence. The circumstances narrated in the statement, however, must have some proximate relation to the actual occurrence and must be of the transaction which resulted in the death of the deponent. Autar Singh v. The Crown 4 I L R 451=A I R 1924 Lah. ?5? ; Inayat Khan v: Emperor A I R 1935 Lah. 94 ; Pakala Narayana Swaim' v. Emperor A I R 1939 P C 47 and Crown v. Abdul Ghani P L D 1956 Lah. 300 ref. (b) Penal Code (XLV of 1860), S. 302-Murder-Sentence---No reason appearing why accused killed his grandfather-Legitimate to think, in circumstances of case, that mind of accused got suddenly agitated under influence of his father expressing dissatis faction over deceased's refusal to transfer entire property to him ---Sentence of death reduced to that of transportation for life. Date of hearing: 2nd April 1970. JUDGMENT ATAULLAH SAJJAD, J.---Muhammad Nawaz appellant who is about 21 years of age, was tried for the murder of his grandfather Sardar Muhammad by the learned Additional Sessions Judge, Gujrat, and was convicted under section 302 of the Pakistan Penal Code. He was sentenced to death. Besides the appeal that he has filed against his conviction and sentence, there is a murder reference also before us. This order will dispose of both the matters. 2. The occurrence took place on 28th of February 1967, at 4 p.m. on a kucha road called Purao Road, in the City of Gujrat. The place of occurrence is in the jurisdiction of Police Station Saddar Gujrat and its distance from the Police Station is two and a half furlongs. 3. Sardar Muhammad deceased had married twice. He had a son, namely, Muhammad Sadiq from his first wife Mst. Karam Bibi.…