Recording of dying declaration
Recording of dying declaration legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
No doubt, a certificate regarding consciousness of injured complainant was on record, but same could not be relied upon because according to said certificate, the Doctor examined injured complainant at 12.30 hours, while, prosecution witness, who recorded the report of the complainant had stated that he reached the hospital at 13.00 hours
Said prosecution witness, though had stated that he recorded the report of the injured complainant lady, but there was nothing in his statement regarding preparation of her injury sheet, or handing over her to Medical Officer, or presence of doctor at the relevant time, and obtaining fitness certificate from him
Doctor when appeared as prosecution witness, had neither testified the same, nor the same had been exhibited in his statement
Inconsistency existed regarding the time of arrival of the deceased, then injured to the hospital
Doctor had not stated about his presence with the Police at the time of report, which made the story of prosecution doubtful
Witnesses produced by the prosecution, neither were eye-witnesses of the occurrence, nor in their presence, the deceased, then injured had made statement to the Police or Doctor
Husband of the deceased, who was alleged to be the eye-witness of the occurrence, being an important witness of the prosecution, was abandoned by the prosecution without assigning any reasons
Act of withholding of most natural and a material witness of occurrence, would create an impression that said witness, if produced, might not have supported the prosecution
Withholding of said witness had made case of prosecution further doubtful
Evidence available on record, was not of such a character, which could be relied upon to convict accused on a capital charge
As the prosecution had failed to prove the guilt against accused beyond any shadow of doubt, while extending the benefit of doubt, conviction and sentence of accused by the Trial Court, were set aside
Accused was acquitted of the charges levelled against him and he was set free, in circumstances.
"Recording of dying declaration", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945240
Precedents & Case Laws citing "Recording of dying declaration"
P L D 1980 Supreme Court 201 Present : Dorab Patel, Muhammad Haleem, G
P L D 1980 Supreme Court 201 Present : Dorab Patel, Muhammad Haleem, G. Safdar Shah and Abdul Kadir Shaikh, JJ Versus Tim STATE-Respondent
Court: Supreme Court of PakistanP L D 1984 Supreme Court 375
Present: Aslam Riaz Hussain, Nasim Hasan Shah and Mian Burhanudin Khan, JJ Versus Criminal Appeal No. 2-P of 1981, decided on 22nd April, 1984.
Court: -- S. 302-Criminal Procedure Code (V of 1898), Ss. 439 & 164Evidence Act (1 of 1872), S. 32- Revision against acquittal-Reappraisal of evidence by Supreme Court-Dying declaration-Dying declaration disbelieved by trial Court and High Court on ground that deceased having been so badly injured, was not in a fit condition to make statement and dying declaration as recorded was very short one so much so that even doctor's certification note thereon was longer than dying declaration-Doctors present with deceased at time of recording dying declaration certifying that deceased was in a fit condition to make statement and dying declaration was correct-High Court while disbelieving dying declaration expressing view that since one of doctors present at time of recording of dying declaration belonged to tribe to which deceased belonged, he, therefore, fabricated dying declaration to create false evidence against enemies of his tribe and that very doctor persuaded the other doctor to collaborate with him in that nefarious act-On reappraisal of evidence Supreme Court finding that description and location of injuries sustained by deceased was not at all such that it was impossible for a man having sustained such injuries to have spoken a few words-View of High Court that one of the two doctors who were present at time of recording of dying declaration belonged to tribe of deceased and that he would stoop to fabricating a false statement and that the second doctor who was not from same tribe would connive with him in certifying false document could not be subscribed to-Held, in view of truthful nature of dying declaration it formed a sufficient basis for conviction of accused assailants named therein-Conviction could be based even on dying declaration without any independent corroboration. Dying declaration-Conviction.1985 P Cr
Mst. GHULAB JAN and another‑‑ Appellants Versus THE STATE and another‑‑Respondents
Court: Supreme Court (A J & K)1996 M L D 16
MUHAMMAD ABBAS — Petitioner Versus DISTRICT MAGISTRATE, BAHAWALNAGAR and 5 others — Respondents
Court: Lahore2002 P Cr
JAVED KHAN‑‑‑Appellant. Versus THE STATE‑‑‑Respondent
Court: Peshawar1981 P Cr
STATE — Appellant Versus MANSAB KHAN-Respondent
Court: LahoreP L D 1984 Supreme Court 433
NAZIM KHAN AND 2 others-Appellants Versus THE STATE-Respondent
Court: -- S. 302/34 - Dying declaration recorded at police station Opportunities of recording dying declaration outside police station though available but not availed. - Dying declaration not quite consistent with prosecution case as set out by eye-witnesses-Presence of such eye-witnesses was open to doubt as chance witnesses--Positive indication on record showing that interested witness present at time of recording, of dying declaration, prompted name. of all those persons named to F. I. R.-Six persons named in dying declaration as equally responsible causing death of two persons-One of such named person in dying declaration discharged by police on his plea of alibi--Both trial Court and High Court considering involvement of another two persons mentioned in dying declaration as highly improbable-Dying declaration lacking integrity and correctness--Such dying declaration, held, to be treated with care and caution.Dying declaration.2016 S C M R 1233
MUHAMMAD AMEER and another — Appellants Versus RIYAT KHAN and others — Respondents
Court: Supreme Court of PakistanP L D 2005 Karachi 151
SATTAR alias SATTI and another‑‑‑Appellants Versus THE STATE and another‑‑‑Respondents
Court:1989 M L D 1475
STATE OF PUNJAB — Appellant Versus AMARJIT SINGH — Respondent
Court: Supreme Court of India