Law: Evidence Act (I of 1871)

Section: 32

Law: Penal Code (XLV of 1860)

Section: 302

(a) Evidence Act (I of 1871) S. 32-Dying declaration Certificate of doctor on dying declaration-Not a legal requirement Signing of declaration by doctor; held, enough. (b) Penal Code (XLV of 1860) S., 302-Murder-No infirmity found with regard to making of oral or written dying eclarations implicating accused as assailant-Subsequent conduct of accused in absconding not consistent with his innocence and a circumstance corroborating dying declaration-Deceased having no enmity with accused nor any reason to falsely implicate him and let off`' real culprit-Guilt of accused in circumstances, held, established beyond reasonable doubt-Conviction and sentence maintained. Dates of hearing : 14th and l8th .November 1969. JUDGMENT MUHAMMAD HALEEM, J.-Appellant Taurgul (50) son of Gul Sher was tried for the murder of Syed Sardar Hussain Shah (25) by the Additional Sessions Judge, Karachi and convicted under section 302, P. P. C. and sentenced to transportation for life. He has appealed to this Court against his conviction. 2. The incident is alleged to have occurred at 3-30 p.m. on 7th April 1966 in the courtyard of the quarter of the appellant situated in the locality known as Jalalabad in Karachi city; the deceased was a tenant of a room of this quarter. The prosecution case is that the deceased was employed in Oderal Industries in Osmania Colony. At about 3-30 p.m. on 7tb April 1966 he left the place of his, employment and went to that quarter to meet the appellant. On reaching there he saw the appellant's brother, Taj Muhammad, and two or three other persons with the appellant in the courtyard. They then talked together and in the midst of the conservation the appellant got infuriated, took out a knife and stabbed "the .deceased on the left side of his chest, upon which the deceased fell down. He was then carried to the hospital by Taj Muhammad. 3. At 16-30 hours a telephone message was received, from Dr. Muhammad Iqbal, Casualty Medical Officer, Civil Hospital, that one Sardar Husain Shah had been brought to the hospital with knife injuries and that action be taken. This report was recorded in the station diary (Exh. 64) of police station Golimar by…