Sardar Muhammad vs State S — 2026 MLD 412 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 MLD 412 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: MLD
Parties: Sardar Muhammad vs State S
Subject matter: Criminal
Provisions referred to: S. 302; Pakistan Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sardar Muhammad VS State S. 302(b)---Pakistan Penal Code (XLV of 1860), S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Medical evidence and ocular account, conflict between---Prosecution case was that the accused had fired at the deceased, causing fatal injuries---Eye-witnesses claimed that the accused made a direct fire shot from a close range hitting the chest of the deceased---However, the medical officer who conducted the post-mortem examination deposed that the entry wound and exit wound trajectory indicated a different angle and distance of fire, which was inconsistent with the version given by the eye-witnesses---Furthermore, the empty shells recovered from the spot did not match the weapon allegedly recovered from the accused upon his pointation, as per the report of the Forensic Science Laboratory (FSL)---Discrepancies in the statements of eye-witnesses regarding the time of incident, availability of light at the place of occurrence, and their natural presence at the spot created serious doubts about their credibility---It is a settled principle of criminal jurisprudence that if there is a conflict between the ocular account and medical evidence, and the medical evidence completely rules out the possibility of the ocular version being true, the benefit must go to the accused---Prosecution miserably failed to establish its case beyond a shadow of reasonable doubt---Appeal against conviction was allowed, and the accused was acquitted of the charge.

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