HAMID ULLAH KHAN vs State — 2026 SCMR 488 SUPREME-COURT

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HAMID ULLAH KHAN VS State. Sections 302(b), 324 & 34, Pakistan Penal Code, 1860---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Reappraisal of evidence---Sentence, reduction in---Scope. Accused-petitioners were charged for committing murder of brother of complainant and causing firearm injuries to his son. Trial Court awarded death sentence to the accused-petitioners. In appeal, High Court converted the death sentence into imprisonment for life. Held: The depositions of various prosecution witnesses and other factors proved that the accused killed the brother of complainant and caused injuries to his son. Ocular evidence and medical evidence supported each other. However, from the record and facts of the case, it was evident that motive was missing. Although it was alleged that accused-petitioner had previously killed brother and uncle of complainant, no record supporting such allegation was produced before the Court. Likewise, no copy of alleged compromise entered between the parties restraining accused-petitioner from entering the city was brought on record. The recovery of weapon of offence was also found inconsequential because the Forensic Science Laboratory Report merely established that the firearm was in working condition, but no evidence connecting the said weapon with the commission of offence was produced. The manner and method of arrest of accused on 30.07.2011 along with the alleged weapon also rendered the recovery doubtful. Furthermore, recovery of motorcycle was not properly addressed because no ownership record or registration book was produced before the Court. If the said two factors were excluded from consideration, the case fell within the category where sentence of death could not be maintained and imprisonment for life was appropriate, because medical evidence, ocular account and depositions of prosecution witnesses sufficiently connected the accused with the commission of offence and injuries caused to the injured person. Both petitions were found without merit and were dismissed.

HAMID ULLAH KHAN vs State — 2026 SCMR 488 SUPREME-COURT

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