| Citation(s) |
|---|
| 2025 SLG 5019 2025 SLD 5019 = 2025 SCP 443 = 2026 SCMR 257 |
Criminal Petition No.607 of 2020 (On appeal against the judgment dated 31.03.2020 passed by the High Court of Balochistan Quetta in Criminal Appeal No.433/ 2019)
MR. JUSTICE IRFAN SAADAT KHAN MR. JUSTICE MALIK SHAHZAD AHMAD KHAN MR. JUSTICE AQEEL AHMED ABBASI
Ms. Robina Butt, State Counsel
Laiq Shah ...Petitioner(s)
VERSUS
The State
Law: Pakistan Penal Code (PPC),1860
Section: 302(b),324,337F(iii),337F(ii),147,148
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B
Summary
The petition filed by Laiq Shah challenges the conviction under multiple sections of the Pakistan Penal Code (PPC) by the High Court of Balochistan and the trial court. The petitioner was convicted mainly under section 302(b)/34 PPC for life imprisonment and related sections for causing injuries to others. However, the Supreme Court acquitted the petitioner, citing multiple doubts in the prosecution's case, joint and unclear attribution of injuries, lack of specific weapon recovery, and weak motive allegations. The benefit of doubt was given leading to the setting aside of the earlier judgments and the release of the petitioner.
Core Points
- Laiq Shah was convicted by trial court under sections 302(b)/34, 324/34, 337F(iii), and 337F(ii) PPC with sentences ordered to run concurrently.
- High Court upheld the convictions and sentences in the appeal.
- FIR alleged joint firing by Laiq Shah and co-accused causing death and injuries at a showroom in Quetta.
- Medical evidence showed only one injury on deceased, jointly attributed to three accused, creating doubt as to who caused it.
- No specific injuries or weapon recovered linking Laiq Shah definitively to the shooting.
- Motive of old enmity was vague, and petitioner was found not involved previously by police in related case.
- Absconding by the petitioner alone cannot sustain conviction without corroborative evidence.
- Supreme Court set aside judgments and acquitted Laiq Shah on benefit of doubt due to multiple doubts in prosecution case.
Law and Sections Table
| Section | Law/Provision Description | Application in Case |
|---|---|---|
| 302(b) PPC | Qatl-i-amd (murder) punishable with life imprisonment or death | Conviction for murder of deceased |
| 324 PPC | Voluntarily causing hurt by dangerous weapon | Conviction for causing injuries to witnesses |
| 337F(iii) PPC | Hurt caused to disable a limb or organ | Sentenced for injury to Humayun (PW-2) |
| 337F(ii) PPC | Hurt caused to cause grievous injury | Sentenced for injury to Babar Zai (PW-3) |
| 147 PPC | Punishment for rioting | Charged in FIR (not detailed in judgment) |
| 148 PPC | Rioting with deadly weapon | Charged in FIR (not detailed in judgment) |
| 544-A Cr.P.C | Compensation to legal heirs of deceased | Ordered Rs.1,50,000/- compensation to heirs |
| 382-B Cr.P.C | Benefit of doubt to accused | Extended benefit to petitioner |
JUDGMENT