| 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
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 |
|---|---|
| 1 | FIR lodged promptly on the same day with slight justified delay due to emergency treatment. |
| 2 | The accused was named in FIR and directly identified by eyewitnesses as shooter. |
| 3 | Three eyewitnesses gave reliable and consistent testimonies; none had enmity with accused. |
| 4 | Medical evidence corroborated bullet wounds consistent with one shot fired by accused. |
| 5 | Only one empty bullet casing was found at the crime scene. |
| 6 | Accused led police to recover the pistol used in the shooting, demonstrating possession. |
| 7 | Minor contradictions in eyewitness testimonies were not material enough to undermine case. |
| 8 | Defense failed to provide credible alibi or motive for false implication; defense witness disbelieved. |
| 9 | Death penalty not awarded, life imprisonment given showing trial court’s leniency. |
| 10 | Court followed principle that conviction can be based on direct, reliable eye witness evidence supported by corroboration. |
Law and Sections Table
| Law/Section | Description | Application in the Case |
|---|---|---|
| Section 302 PPC | Murder: Punishment for Qatl (murder) | Accused convicted of murder; sentenced to life imprisonment (302(b)). |
| Section 324 PPC | Inflicting hurt by dangerous weapons | Accused sentenced for injuring PW Arshad with firearm. |
| Section 154 Cr.P.C | Registration of FIR upon receipt of information of cognizable offense | FIR registered same day based on complainant’s statement. |
| Section 164 Cr.P.C | Recording of confessional or statement before Magistrate | PW (Shaikh Abdul Qadir) recorded statement supporting prosecution. |
| Section 342 Cr.P.C | Recording accused’s statement before trial | Accused denied charges, claimed false implication and produced defense witness. |
| Section 382-B Cr.P.C | Benefit of previous jail term deduction | Extended to accused for time spent in custody before conviction. |
| Relevant Case Laws |
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