ABDUL AZIZ vs THE STATE — 1960 PLD 723

Citation: 1960 PLD 723

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-29

Parties: ABDUL AZIZ vs THE STATE

Headnotes

it was laid down that dying declaration can itself form a satisfactory basis for conviction if it is found to be genuine and true. The question is whether what is said in the dying declaration intrinsically rings true, whether there is any chance of mistake on the part of the dying person in identifying or naming the assailant, whether any outside influence from any quarter is alleged on the deceased before she made the dying declaration.

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, Sher Bahadur Khan Title: ABDUL AZIZ vs THE STATE Case No.: Criminal Appeal No. 500 of 1967 Date of Judgment:1970-01-29 Reported As: 1970 P Cr. L J 1164 Result: N/A JUDGMENT JUDGMENT SHAMEEM HUSSAIN KADRI, J.-Appellant Abdul Aziz welt tried -by the learned Additional Sessions Judge, Rawalpindi, for the murder of his wife Mst. Shahzada Begum. He was convicted under section 302, P. P. C. And sentenced to transporta--tion for life on 8th July 1967. The State filed Criminal Revision No. 1263 of 1967 in which notice was issued to the appellant as to why he should not be awarded capital punishment. Both the appeal and the revision are disposed of by this order. 2. The prosecution relied on the dying declaration of Mst. Shahzada Begum (Exh. P. H/3), which was recorded by Irshad-ul-Hassan (P. W. 2) on 28th July 1966 in hospital after securing certificate (Exh. P. H/2) from the doctor who declared that the deceased was in a fit condition to make the statement. The doctor later certified vide Exh. P. H./4 that the deceased remained in full senses while making her statement. 3. Four persons, namely, Mst. Nusrat Aziz daughter of the deceased (P. W. 12), Aurangzeb, neighbour of the deceased (P. W. 13), Sher Mohammad father of the deceased (P. W. 16) and Khair Mohammad husband of the sister of the deceased (P. W. 15) saw the appellant with a revolver standing near Mst. Shahzada Begum who was profusely bleeding. There is no…

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