Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Leave to appeal to Supreme Court once granted in a criminal matter-Whole case opened for examination, unless some points specifically repelled in order granting leave to appeal.-[Leave to appeal]. (b) Evidence Act (I of 1972)- -- S. 32-Dying declaration-Expression "any of the circumstances of the transaction resulted in his death" occurring in S. 32-Wider in scope than expression "the cause of his death" occurring in same section-Words "resulted in his death"-Do not mean "caused his death"-Law makes admissible not only statement dealing directly with cause of death but also a statement as to any of circumstances of transaction resulting in victim's death provided circumstances proximately related to actual occurrence-Expression "in regard to any of the circumstances of the transaction which resulted in his death "­Held, includes (in cases where cause of dying declarants' death comes into question) circumstances in which dying declarant's companion may have been done to death in course of same transaction-[Fakir v. The Empress 17 P R 1901 not approved].-[Dying declaration-Words and phrases]. Fakir v. The Empress 17 P R 1901 not approved. Saudagar Singh v. Emperor A I R 1944 Lah 377 distinguished. Mian Khan v. The Crown P L D 1954 Lah 646 ; Nisar Muhammad v. Khanzali and another P L D 1959 Pesh. 115 and Pakala Narayana Sawami v. The King-Emperor 66 1 A 66 ref. Per Anwaral Haq, C. J., Qaiser Khan and G. Safdar Shah, JJ.- (c) Criminal Procedure Code (V of 1898)- -- S. 164 read with Evidence Act (I of 1872), S. 32-Dying declara­tion-Recording and admissibility of-Dying declaration in order to be admissible in evidence need not necessarily be recorded much less recorded in accordance with provisions contained in Chap. XXV of Criminal Procedure Code, 1898-Dying declaration admissible in evidence even if made orally-Provisions of S. 32, Evidence Act, 1872­.Not dependent on, or circumscribed by, provisions of S. 164, Criminal Procedure Code, 1898-Dying statement recorded by Naib-Tehsildar, exercising powers of III Class Magistrate, held, not inadmissible in evidence.-[Dying declaration]. Allah Bakhsh and others v. Crown…

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