MUHAMMAD ZAHIR vs STATE — 2026 PCrLJ 344 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 344 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: MUHAMMAD ZAHIR vs STATE
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

MUHAMMAD ZAHIR VS STATE. S. 302(b)---Pakistan Penal Code (XLV of 1860)---Qatl-i-amd---Appreciation of evidence---Related and interested witnesses, evidence of---Reliance---Scope. The accused was charged for committing murder of the brother of the complainant. Admittedly, the eye-witnesses were related to the deceased. However, a related witness could not be termed as an interested witness under all circumstances. A related witness could also be a natural witness. If an offence was committed in the presence of family members, they became natural witnesses of the occurrence. In case the evidence of such witnesses was found reliable, cogent and clear, the prosecution case could not be doubted merely on the ground of relationship with the deceased. However, a related witness became an interested witness when his evidence was tainted with malice and indicated a desire to implicate the accused by fabricating and concocting evidence. The defence failed to point out any plausible reason as to why the complainant and eye-witnesses would falsely implicate the appellant and let off the real culprit who had committed murder of their relative. Substitution of the real culprit in such like cases was a rare phenomenon. The circumstances established that the prosecution had successfully proved its case against the appellant beyond reasonable doubt. However, due to mitigating circumstances, the sentence of death awarded to the appellant was altered to imprisonment for life. Appeal against conviction was dismissed with said modification in sentence.

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