Law: Evidence Act (I of 1872)

Section: 32

Evidence Act (I of 1872), S. 32-Dying declaration-Evidentiary value of-A dying declaration can under no circumstance have same value as evidence on oath-Deceased's statement that all six accused persons gave him blows belied by medical evidence-High Court refused, in circumstance, to place any reliance on dying declaration. Date of hearing: 12th February 1970.   JUDGMENT M. HAYAT JUNEJO, J. --Appellants Jamal son of Khair Mohammad aged 21 years, Ghulam Nabi son of Khair Mohammad aged 18 years. Ismail son of Fateh Mohammad aged 30 years, Rasool Bux son of Fateh Mohammad aged 35 years, Khair Mohammad son of Jamal aged 45 years and Fateh Muhammad alias Fatal son of Jamal aged 60 years, have been convicted by the learned Additional Sessions Judge, Khairpur for the murder of deceased Sahibdino son of Dur Mohammad aged 35 years. All of them have been sentenced to transportation for life under section 302/149, P. P. C. In addition appellants Jamal, Ghulam Nabi and Ismail have been sentenced to R. I. for one year for an offence under section 148, P. P. C. while the remaining three appellants have been sentenced to R. I. for six months each under section 147, P. P. C. the sentences to run concurrently. 2. The prosecution case in brief was that 15 to 20 days prior to the occurrence there was a verbal altercation between appellant Jamal and his relations and deceased Sahibdino. Oil 26-5-1964, the deceased had gone to Wadero Ali Murad P, W. 10 and was returning at about 4-00 p.m. When he was confronted by all the six appellants. Appellants Jamal, Ghulam Nabi and Ismail were armed with hatchets while the remaining three carried lathis. They all gave injures to the deceased with their respective a weapons P. Ws. Allahdino and Allahwarayo happened to pass by the scene of occurrence just at the material relevant time and happened to witness the incident by sheer chance. The informa tion was conveyed to the police for the first time the next morning at 3-30 a.m. when P. W. 6 complainant Abdul Wahab, brother of the deceased, reported the matter to Mumtaz Mohammad Incharge, Police Outpost, Agra at 3-30 a. m. the next morning. According to the evidence this out-post is…