Law: Penal Code (XLV of 1860)

Section: 302

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

Section: 46(1)

Law: Evidence Act, (1 of 1872)

Section: 32(1)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S. 302--Qanun-e-Shahadat Order (10 of 1984), Art. 46(1)--Evidence Act (I of 1872), S.32 (1)--Constitution of Pakistan (1973), Art.185 (3)--Evidence--Dying declaration-- Leave to appeal--Contentions of petitioners counsel (i) that prosecution had not been able to establish its case against petitioner because the two eye-witnesses who appeared in support of prosecution case were inimical towards petitioner and their ocular version had not been corroborated by other independent evidence; (ii) that the dying declaration was recorded in hospital by Police Officer when relatives of deceased were around him and, therefore, it was a tutored statement; (iii) that one of prosecution witnesses had admitted in Court that at time of recording dying declaration there was a dispute as to identity of assailant between the deceased and his relations and since dying declaration was not voluntary and a suspicious document, it should not have been relied upon by the Courts below--Case, held, was a fit one in which leave should be granted to reappraise the entire evidence--Leave to appeal granted. ORDER ALI HUSSAIN QAZILBASH, J.- These are two petitions one by Ghulam Shabbir convict against the State and the other by Muhammad Amir, complainant, against Ghulam Shabbir convict, against the judgment of a Division Bench of the Lahore High Court, dated 12-6-1983. 2. On 8-5-1980 at about 1-00 p. m. Sher Baz was near the Bus Stand Khoshab followed by his companions namely Muhammad Feroze and Muhammad Khan, when Ghulam Shabbir armed with a pistol, suddenly emerged from behind the Trucks standing there. He raised a Lalkara which prompted Sher Baz to turn his face, when he was fired at the back of his chest affectively by Ghulam Shabbir as a result of which he fell on the ground. His companions tried to apprehend the assailant but he managed to escape. Sher Baz was taken to the hospital where Muhammad Salim Khan Niazi S.I. recorded the statement of Sher Baz with the permission of the Medical Officer which is Ex. P.C. /1. Sher Baz remained under treatment in the hospital for five days when on 13-5-1980 he succumbed to his injury and his earlier statement…

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