PESHAWAR: The Peshawar High Court has set aside the sentence of life awarded to a Bannu resident by the trial court in a murder case and ruled that an accused couldn’t be convicted merely on the basis of a dying declaration until it was verified.

A bench consisting of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah accepted the appeal of Issa Khan, who was sentenced by an additional sessions judge in Bannu on Jan 31, 2022, on the basis of a dying declaration by the deceased, Usman.

The bench observed that for the veracity of a dying declaration, the prosecution must establish through reliable evidence that the dying person was in full senses, conscious and alert to the surroundings, was fully oriented in time and space, and was able to make a coherent statement.

It added that the doctor present on the occasion must furnish a fitness certificate about the condition of a dying person.

Rules a dying declaration must be verified for conviction

The bench observed that in the case those ingredients required for a dying declaration had been missing.

It ruled that the prosecution had failed to establish consciousness, alertness and capability of the deceased then injured as to talk and it had also not been proved that the deceased was in full senses while making the statement.

The deceased while recording statement with the police in injured condition in a hospital had charged the appellant for firing at him and had claimed that they had a dispute over money.

In a 22-page detailed judgement authored by Justice Sahibzada Asadullah, the bench discussed different requirements for a dying declaration to be admissible as evidence in a murder case.

“Recording of dying declaration being an important task, so utmost care is required to be taken while recording such declaration. If a dying declaration is recorded carefully, keeping in mind its essential ingredients, such declaration retains its full value,” it observed.

The court added that in the earlier days, the statement of a dying man was looked into with honour and there was a concept behind the statement so recorded that a dying man will not tell a lie, by the time, no need was felt for its corroboration.

It, however, observed that with the passage of time, the values changed and morality degraded to a greater extent, so need was felt to look for independent corroboration.

“It was noteworthy that the declarant giving a dying declaration was in a fit condition of mind to give the statement when recording was started and remained in fit condition of mind, until the recording of dying declaration was completed.

“The fact of fit condition of mind of declarant can be best certified by the doctor, yet in case where it was not possible to take fitness certificate from the doctor, dying declaration still retains its sanctity, if there are other witnesses to testify that the declarant was in fit condition of the mind,” it maintained.

The bench also observed that the dying statement should not be under the influence of anybody or prepared by prompting, tutoring or imagination.

Published in Dawn, July 16th, 2022