Clause 302 law testimony (10 of 1984), defining evidence in the form of an FIR, statement of the person killed, then injured, although it can be treated as a declaration of death, which itself constitutes convincing evidence, Under Article 46 of 1984, it was good enough that he upheld the conviction of the accused on the capital charge, but his death believes in death. It was in this case that the deceased was fully conscious and cautious. That he / she was completely space and timely and was able to make coordinated speeches. That the declaration of death was otherwise valid, and it was appropriate to rely on it. That it was quickly free from the external quarter. The doctor present at the scene should give a fitness certificate about the condition of the dying police officer who filed the obituary report, then was injured, told that he prepared his injury sheet and then sent it to the medical officer Sent for inspection. It was available in the statement of the police officer that he filed the report in the presence of the doctor and obtained the certificate. The prosecution failed to inspect the doctor who conducted the post-mortem examination of the deceased police officer. It was difficult to get a certificate. Prior to the statement of the injured, the fitness of the injured to make a statement that he was in a fit state to make the statement remained suspicious, declaring death in the circumstances, there was no significant evidence of his recording. He was not placed before the accused at the time. Under Section 342, the CCP could not be used against a single accused, the trial court H ad records in the circumstances.
Related judgments — Peshawar High Court NWFP, 2013
