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---False implication of appellants due to previous enmity---Scope. The accused was charged for committing murder of the brother of the complainant by firing. The complainant was the real brother of the deceased and the motive of the occurrence was alleged to be previous enmity between the parties. The complainant stated before the Trial Court that as soon as the accused arrived at the place of occurrence, they raised a voice that they would not let him or his brother survive that day, thereafter they took out their pistols and started firing upon his brother. The complainant was present at a distance of about 12 to 15 feet from his brother when the firing was made. However, surprisingly, he did not sustain any firearm injury during the occurrence. It was difficult to believe that while committing murder of a person in the presence of his close relatives, the accused would not attempt to cause any injury to the prosecution witness, particularly when such act could have provided evidence against them. The possibility of false implication of the appellants by the complainant due to previous enmity could not be ruled out of consideration. The prosecution failed to prove its case beyond reasonable doubt and the accused were entitled to benefit of doubt. Appeal against conviction was allowed, in circumstances.

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