Law:

Section:

Evidence Act (I of 1872), S. 32-Dying declaration-Statement made elsewhere than at thana-May often be more worthy of reliance In a case of murder, the occurrence was described in the initial report by the deceased himself at the thana, in course of which, he named two persons R and F as his rescuers. Later, in his dying declaration recorded by a Magistrate in hospital, he mentioned two persons A and B who, he said, saved him. The prosecution produced at the trial only R and F as witnesses and not A and B. The trial Court disbelieved evidence of R and F. Characterising the omission to produce A and B as "regrettable", the Supreme Court observed ",..it is often found that a dying declaration made elsewhere than at a thana .is more worthy of reliance than one made in the presence of the Police, where also the relatives who have brought the injured man to the thana are generally present and usually cannot be prevented from putting a prepared case through the mouth of the deponent." A. R. Changez Senior Advocate Supreme Court instructed by Naziruddin Senior Attorney for Appellant. Iftikharul Haq Advocate Supreme Court instructed by Ijaz Ali Attorney for the State. Date of hearing: 22nd December 1965. JUDGMENT CORNELIUS, C. J.--This appeal by Ghulam Farid is brought as of right against a judgment of the High Court whereby, altering on appeal his conviction under section 304, Part I, to section 302, P. P. C., he was awarded a sentence of transportation for life. The deceased was also named Ghulam Farid, and will be described as Ghulam Farid Qureshi for the purpose of distinction. The appellant, although he and his co-accused, namely, his father and his brother, described themselves as chadhars, when questioned at the trial, are elsewhere in the record described as powlies (weavers) and would be kamins in the village. The occurrence was described to the Police in the initial report by Ghulam Farid Qureshi himself, at thana Khushab, some nine miles from the village, in the following terms. The previous day, two young school-boys, namely, Abdul Quddus, brother to the deceased and Iftikhar Ahmad, his cousin, had a quarrel with another boy Abdul Majid cousin to the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492