Law: Evidence Act (I of 1872)

Section: 32(1)

(a) Evidence Act (I of 1872), S. 32(1)---Dying declaration--- Statement made by a person not under expectation of death--- Relevant in proceedings in which cause of such person's death comes into question-Such statement, however, not entitled to such sanctity as attached to a dying declaration. Ghulam Farid v. The State P L D 1966 S C 264; Usman Shah v. The State 1969 S C M R 85; llayatullah v. The State 1969 P Cr. L J 724; Autar Singh v. Emperor A I R 1924 Lah. 253(1) and Shipabhai Bacharbhai v. Emperor A I R 1926 Bom. 513 ref. (b) Penal Code (XLV of 1860), S. 302---Murder---Evidence ---Entire evidence tainted and no corroboration forthcoming from any confirmatory circumstance or any independent witness---Convic tion, held, not maintainable. (c) Penal Code (XLV of 1860), S. 302---Murder---Abscon dence-Held, wholly insufficient by itself to hold accused responsible for death of deceased. (d) Evidence Act (I of 1872), S. 32(1)---Dying declara tion made by deceased to his father in presence of a witness inimical towards accused---Held, not safe to be relied on. Date of hearing: 23rd June 1971. JUDGMENT BASHIRUDDIN AHMAD, C. J.---Saleem alias Muhammad Humayun (18) was tried for the murder of Muhammad Yousaf on June 1, 1970, at village Pachagi, by the Additional Sessions Judge, Peshawar, who convicted and sentenced him under section 302, P. P. C. to suffer death. 2. The condemned person appealed and the case is also before us on reference under section 374, Cr. P. Code, for con firmation of the death sentence. This judgment will dispose of the appeal as well as the reference. 3. The prosecution story, briefly narrated, is that, on the eventful day, at 9-45 a. m., the deceased was going towards his house when he came across the appellant near the house of one Khan and fired three shots with a pistol, out of which two hit the deceased. Muhammad Yousaf son of Ghulam Muhammad saw the occurrence. He placed the deceased on a cot. Muhammad Yunus, father of the deceased also came up on hearing fire-shots. The motive for the assault was that shortly before the occurrence, deceased, who bad been engaged as a labourer by Nauroz son of Ghulam Muhammad, was constructing a…