In the context of Pakistani law, the inquest report plays a crucial role in recording the initial details of a death, especially in cases of suicide, homicide, or accidental deaths. It is prepared by the police to document the apparent cause of death and any visible injuries.
Regarding the inclusion of witness statements in an inquest report, several factors must be considered:
- Inquest Report and Witness Reliability: The inquest report’s reliability affects the evidentiary value of witness testimonies.
- Statements based on Surmises: Statements based on assumptions due to prior blood feuds are considered circumstantial, and their evidentiary value is assessed during the trial, as highlighted in Bacha Zeb and 2 others Versus STATE through Additional Advocate-General and another, 2017 PCRLJ Note 169.
- Eye-witness Accounts: In AMBIO Versus The STATE, 2018 YLR 187, the Sindh High Court acquitted the accused, emphasizing the importance of a credible and confidence-inspiring ocular account. Discrepancies can undermine the reliability of the account (Zahid Riaz (Raza) and others Versus The STATE and others, 2019 YLR 87).
- FIR and Preliminary Investigations: The First Information Report (FIR) should be promptly recorded, but if it appears to be lodged after due consultation or deliberation, it can be viewed with skepticism as held in Ghaffar Abbas alias Ghaffar Ahmed and others Versus The STATE and others, 2024 YLR 2123. Preliminary investigations, including the inquest report, must be thorough and accurately reflect the scene (Wali Muhammad v. Nawab And Others, 1984 SCMR 914).
- Witness Testimony: Eye-witnesses must be consistent and without doubt about their presence at the scene of the crime (Muhammad Iqbal v. The State, 1984 MLD 1467). Their testimonies must be strictly construed.
- Dying Declaration: Dying declarations must be closely scrutinized. As seen in Muhammad Hussain and Others v. The State, 1983 PCRLJ 2537, If the maker has a questionable background, it requires careful corroboration.
Statutory Provisions
- Code of Criminal Procedure (Act V of 1898), Section 174: This section outlines the procedure for the police to inquire into and report on suicides, murders, and accidental deaths. It mandates the police officer to conduct an investigation in the presence of at least two respectable inhabitants.
- The Punjab Police Rules, 1934, Rule 25.31: Specifies procedures for inquests, aligning with Section 174 of the Criminal Procedure Code.
- The Punjab Police Rules, 1934, Rule 25.35: Provides guidelines on preparing the inquest report (Form 25.35), detailing the cause of death, marks of violence, and the instruments used. This should contain essential information on the death.
While these provisions do not explicitly mandate including witness names in the inquest report, they emphasize the necessity of a thorough investigation to ascertain the cause of death.
Conclusion
While there’s no explicit legal requirement to include witness names in the inquest report, the credibility and reliability of eye-witness testimony is one of the most important factors for court.