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Dying declaration Admissibility

Dying declaration Admissibility legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 YLR 92 SHARIAT-COURT-AZAD-KASHMIR Judicial Precedent
Art. 46Dying declaration AdmissibilityEvidentiary value

Dying declaration was most strong piece of evidence; in certain circumstances it did not require any corroboration; and could be considered for recording conviction

Statement made by a person who was dying at the time he made it, was a dying declaration, and was admissible piece of evidence

Last words of a dying person enjoyed the presumption of truth

No specific mode for recording a dying declaration had been prescribed

Size of such declaration whether small or lengthy was of no importance; as the only requirement was that it must indicate the cause; and the circumstances which resulted in the death of the declarant

Authenticity and credibility of a dying declaration could only be judged after recording evidence in the case, because the question of concoction or fabrication, if raised by the defence, could only be resolved by considering the peculiar circumstances of the each case appearing in the evidence.

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Precedents & Case Laws citing "Dying declaration Admissibility"

PCRLJ 1986
Constitutional Petition No. 41 of 1985, decided on 19th May, 1986.

1986 P C r

GHULAM MUHAMMAD‑‑Petitioner Versus THE STATE and 3 others Respondents

Court: Quetta
PCRLJ 1985
Criminal Appeal No. 427 of 1983, heard on 20th April, 1985.

1985 P Cr

MUHAMMAD ISMAIL Appellant Versus THE STATE Respondent

Court: Lahore
PCRLJ 2001
Criminal Appeal No.58 of 1997, decided on 18th January, 2001.

2001PCr

MUHAMMAD NAWAZ‑‑‑Appellant Versus THE STATE and another‑‑‑Respondents

Court: Peshawar
PCRLJ 1999
Criminal Appeal No.59 of 1996, decided on 24th September, 1998.

1999 P Cr

MUHAMMAD ARIF‑‑‑Appellant Versus THE STATE and another‑‑‑Respondents

Court: Peshawar
YLR 2014
Criminal Appeal No.9 of 2013, decided on 14th May, 2013.

2014 Y L R 92

Raja ALI SHAN and another — Appellants Versus SHAKEEL and 4 others — Respondents

Court: Shairat Court (AJ&K)
PCRLJ 2018
2017-February-20

2018 P Cr

HAQ NAWAZ — Appellant Versus The STATE and others — Respondents

Court: Peshawar (D.I. Khan Bench)
PCRLJ 1997
1996-August-15

1997 P Cr

MUHAMMAD SULAMAN and others — Appellants Versus THE STATE and others — Respondents

Court: Shariat Court (AJ&K)
PCRLJ 1985
Criminal Appeal No.16 and Murder Reference No.38‑R of 1983, decided on 15thMay, 1985.

1985 P Cr

TASADDAQ ELAHI and 3 others Appellants Versus THE STATE Respondent

Court: Lahore
PCRLJ 1983
Criminal Appeal No. 145 of 1981, decided on 4th June, 1983.

1983 P Cr

MUHAMMAD HUSSAIN AND OTHERS‑Appellants Versus THE STATE‑Respondent

Court: Lahore
PCRLJ 2017
2016-June-30

2017 P Cr

ABDUL MANAN and another — Appellants Versus The STATE — Respondent

Court: Balochistan