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---Lodging of FIR with promptitude---Scope. The accused was charged for committing murder of the brother of the complainant. The allegation levelled against the appellant, as narrated by the complainant in his report as well as in his statement before the Court, was that on 17.11.2022 at 6:15 p.m., the accused persons, being equipped with pistols, made firing upon his brother, due to which one bullet hit on the head of the deceased and resulted into his death. The case was registered on the complaint of the complainant on the basis of his Fard-e-Bayan, wherein he had specifically nominated the appellant and attributed a specific role of firing upon his brother. The alleged occurrence took place on 17.11.2022 at 6:15 p.m. and the FIR was lodged on the same date at 7:50 p.m. promptly without any delay. The prompt lodging of FIR excluded the possibility of deliberation, consultation and fabrication of a false story against the appellant. 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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