The words “resulted in his death” are significant in this provision of law. These words are wider in scope than the term “cause of his death”. Such a statement becomes relevant as dying declaration.”

Due to this reason, even if the prosecution has failed to prove the charge of murder, still the dying declaration can be used for awarding conviction to the appellant in some other proved offence. The scope of Article 46 (1) came under discussion before the Hon’ble Federal Shariat Court of Pakistan in case reported as Irfan v. State (PLJ 2010 FSC 203) and was dilated upon in the manner mentioned hereunder:- 

“The statement, verbal or written, of relevant facts made by a person as to the cause of his death or as to any circumstance which resulted in his death is relevant. The words “resulted in his death” are significant in this provision of law. These words are wider in scope than the term “cause of his death”. Such a statement becomes relevant as dying declaration.” 

Part of Judgment

IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI JUDICIAL DEPARTMENT

Murder Reference-Murder Reference (Session Cases)
63-17

2020 LHC 1362