YASIR ARFAT vs STATE — 2026 PCrLJ 426 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 426 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: YASIR ARFAT vs STATE
Subject matter: Criminal
Provisions referred to: 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

YASIR ARFAT VS STATE. Ss. 302(b) & 34---Pakistan Penal Code (XLV of 1860)---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence contradicting the ocular account---Scope. The accused was charged for committing murder of the brother of the complainant by firing. The complainant stated that the fire was made at the deceased from a distance of one and a half feet. However, the external post-mortem examination of the deceased did not show any blackening or tattooing marks around the injury, which indicated that the fire was likely made from a distance greater than one and a half feet. According to medical jurisprudence, blackening occurs if a firearm like shotgun is discharged from a distance of no more than three feet and a revolver or pistol is discharged within two feet. The prosecution witness had not provided any explanation as to whether the deceased was shot from a distance of one and a half feet with a pistol and why the entrance wound was not surrounded by blackening and burning. The medical evidence, therefore, contradicted the ocular account furnished by the prosecution witnesses. In such circumstances, the contradiction between ocular testimony and medical evidence created serious doubt regarding the prosecution case. Appeal against conviction was allowed, in circumstances.

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