Law: Pakistan Penal Code, 1860

Section: 302(b), 324,, 337-X, 337-D

Law: Code of Criminal Procedure (CrPC), 1898

Section: 544-A, 382-B, 512, 265-C

REMARKS

The Court has dismissed a criminal appeal filed by Zahid Ullah, challenging his conviction and sentence for murder and attempted murder. The appellant was convicted and sentenced to life imprisonment for murdering Masam Khan and attempting to murder Muhammad Ismail, his brother.
The prosecution`s case was based on eyewitness testimony from Muhammad Ismail (PW-9) and Kashif (PW-10), who claimed that the appellant opened fire on them after being reprimanded for making noise in the Baitak of their house.
The court held that:
1. The eyewitness testimony of PW-9 and PW-10 was confidence-inspiring and remained unshaken during cross-examination.
2. The medical evidence supported the prosecution`s case, with injuries on the bodies of the deceased and injured consistent with the eyewitness account.
3. The appellant`s motive for committing the crime was established as ill-will due to the reprimand.
4. The circumstantial evidence, including blood-stained earth and crime empties, supported the prosecution`s case.
The court ultimately upheld the conviction and sentence of the appellant, dismissing the appeal. Additionally, a connected criminal revision for enhancement of sentence was also dismissed.

 Case Summary:Guest Violence

The appellant, Zahid Ullah, was convicted for murdering Masam Khan and injuring Muhammad Ismail (complainant) with a firearm during a domestic altercation in the complainant’s Baitak (guest room). The incident occurred when the complainant and his brother (the deceased) reprimanded the appellant for creating noise.