Case Details

Citation(s)
2025 SLG 2187 2025 SLD 2187 = 2025 SHC 1353
Sindh High Court
CRIMINAL APPEAL NO.125 OF 2OO9
Mr.Justice Muhammad Saleem Jessar. Mr.Justice Karim Khan Agha

Appellant: Fazal Rehman S/o Wash Dill Through Mr.Zulfiqar Ali Langah,Advocate The STate: Mr. Muhammad Iqbal Awan, Deputy Prosecutor General.

Law: Pakistan Penal Code, 1860

Section: 302,324

Law: Code of Criminal Procedure, 1898

Section: 154,164, 342,382-B

Summary:


Dispute over construction work on a rooftop led to appellant shooting at complainant party; deceased Barkatullah died, PW Arshad injured.Eye witness testimony from complainant (brother of deceased), contractor, and injured party. Medical evidence and recovery of weapon also supported prosecution.Appeal dismissed; conviction and sentences confirmed based on reliable eye witness accounts and corroborative evidence including medical and forensic reports.

Core Points

Core Point #Description
1FIR lodged promptly on the same day with slight justified delay due to emergency treatment.
2The accused was named in FIR and directly identified by eyewitnesses as shooter.
3Three eyewitnesses gave reliable and consistent testimonies; none had enmity with accused.
4Medical evidence corroborated bullet wounds consistent with one shot fired by accused.
5Only one empty bullet casing was found at the crime scene.
6Accused led police to recover the pistol used in the shooting, demonstrating possession.
7Minor contradictions in eyewitness testimonies were not material enough to undermine case.
8Defense failed to provide credible alibi or motive for false implication; defense witness disbelieved.
9Death penalty not awarded, life imprisonment given showing trial court’s leniency.
10Court followed principle that conviction can be based on direct, reliable eye witness evidence supported by corroboration.

 

Law and Sections Table

Law/SectionDescriptionApplication in the Case
Section 302 PPCMurder: Punishment for Qatl (murder)Accused convicted of murder; sentenced to life imprisonment (302(b)).
Section 324 PPCInflicting hurt by dangerous weaponsAccused sentenced for injuring PW Arshad with firearm.
Section 154 Cr.P.CRegistration of FIR upon receipt of information of cognizable offenseFIR registered same day based on complainant’s statement.
Section 164 Cr.P.CRecording of confessional or statement before MagistratePW (Shaikh Abdul Qadir) recorded statement supporting prosecution.
Section 342 Cr.P.CRecording accused’s statement before trialAccused denied charges, claimed false implication and produced defense witness.
Section 382-B Cr.P.CBenefit of previous jail term deductionExtended to accused for time spent in custody before conviction.
Relevant Case Laws  

 

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