Law: Penal Code (XLV of 1898)

Section: 302

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

Section:

P L D 1995 Quetta 56 Criminal Appeal No.66 and Murder Reference No:6 of 1994, decided on 13th October, 1994. Per Amir-ul-Mulk Mengal, J. agreeing with Iftikhar Muhammad Chaudhry, J. Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Dying declaration of the deceased was totally inadmissible in evidence---Incident had taken place not in front of the outer door of the house of the deceased but somewhere else---Recovery of pistol and empty at the instance of accused did not corroborate the prosecution version---Chances of false implication of accused could not be ruled out-- Accused was acquitted in circumstances. Per Javed Iqbal, J. Contra---(Minority view). Per Javed 1qbal, J.- Qanun-e-Shahadat (10 of 1984)-- ----Art. 46(1)---Dying declaration---No mandatory prerequisites of law exist that a dying declaration cannot be made before a police officer or that it should always be in writing---Dying declaration can be oral and communicated by means of gestures when the victim cannot speak due .to his critical condition. [p. 67] F     Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art.46(1)---Dying declaration---Corroboration---Dying declaration alone cannot be made a sole basis to award conviction unless corroborated, but such corroboration is not a rule of law but a requirement of prudence. Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art. 46(1)---Dying declaration, admissibility of---Not essential for the admissibility of dying declaration that deceased must have been apprehending death at the time of making it---Only requirement is that such deposition must relate to the cause of maker's death or the circumstances which resulted in his death. Per Iftikhar Muhammad Chaudbry, J.; Amir-ul-Mulk Mengal, J. agreeing-- Penal Code (XLV of 1860).-- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art.46(1)---Dying declaration--- Dying declaration requires a thorough scrutiny before placing reliance on it and ordinarily it should not be presumed that truth always sat on the lips of a person who is expecting his death. [p. 70] N Tawab Khan and another v. The State PLD 1970 SC 13 and Zarif Khan v.…