| Citation(s) |
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| 2026 SLG 977 2026 SLD 977 = 2026 PCRLJ 295 |
Balochistan High Court
Criminal Appeals Nos. 525, 545 and Murder Reference No. 18 of 2022, decided on 7th August, 2025.
Before Iqbal Ahmed Kasi and Muhammad Ayub Khan Tareen, JJ
Jamil Shah for Appellant No. 1 (in Criminal Appeal No. 525 of 2022). Ms. Kalsoom Langove for Appellant No. 2 (in Criminal Appeal No. 525 of 2022). Abdul Kareem Malghani, State Counsel for the State (in Criminal Appeal No. 525 of 2022). Ahsan Rafiq Rana for the Complainant (in Criminal Appeal No. 525 of 2022). Ms. Kalsoom Langove for Appellant (in Criminal Appeal No. 545 of 2022). Abdul Kareem Malghani, State Counsel for the State (in Criminal Appeal No. 545 of 2022). Ahsan Rafiq Rana for the Complainant (in Criminal Appeal No. 545 of 2022). Abdul Kareem Malghani, State Counsel for the State (in Murder Reference No. 18 of 2022). Jamil Shah for Convict No. 1 (in Murder Reference No. 18 of 2022). Ms. Kalsoom Langove for Convict No. 2 (in Murder Reference No. 18 of 2022). Ahsan Rafiq Rana for the Complainant (in Murder Reference No. 18 of 2022).
Criminal Appeals Nos. 525, 545 and Murder Reference No. 18 of 2022, decided on 7th August, 2025.
Before Iqbal Ahmed Kasi and Muhammad Ayub Khan Tareen, JJ
Jamil Shah for Appellant No. 1 (in Criminal Appeal No. 525 of 2022). Ms. Kalsoom Langove for Appellant No. 2 (in Criminal Appeal No. 525 of 2022). Abdul Kareem Malghani, State Counsel for the State (in Criminal Appeal No. 525 of 2022). Ahsan Rafiq Rana for the Complainant (in Criminal Appeal No. 525 of 2022). Ms. Kalsoom Langove for Appellant (in Criminal Appeal No. 545 of 2022). Abdul Kareem Malghani, State Counsel for the State (in Criminal Appeal No. 545 of 2022). Ahsan Rafiq Rana for the Complainant (in Criminal Appeal No. 545 of 2022). Abdul Kareem Malghani, State Counsel for the State (in Murder Reference No. 18 of 2022). Jamil Shah for Convict No. 1 (in Murder Reference No. 18 of 2022). Ms. Kalsoom Langove for Convict No. 2 (in Murder Reference No. 18 of 2022). Ahsan Rafiq Rana for the Complainant (in Murder Reference No. 18 of 2022).
MUHAMMAD IBRAHIM and another---Appellants
VERSUS
The STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302(b),394,365,34
Law: Qanun-e-Shahadat (10 of 1984)
Section: 40
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 394, 365 & 34---Qatl-i-amd, voluntarily causing hurt while committing or attempting to commit robbery, kidnapping or abducting a person with the intent to secretly and wrongfully confine, common intention--Appreciation of evidence---Benefit of doubt---Last seen evidence---Scope--Accused were charged for committing murder of the son of complainant after kidnapping him---Complainant testified that on the fateful day his sons accompanied their friend; that at 11:00 am, they dropped one of the sons of complainant and deceased then rode motorbike again, which was seen by SA at the time of going back---Though brother of deceased testified that on the day of his brother's disappearance, he went back with the accused, however, the said motorbike had not been recovered from the possession of the appellants, nor had the prosecution produced SA ---As such, the evidence of last seen of brother of deceased had not been supported by any corroborative evidence; therefore, the same alone could not serve as the basis for convicting the accused---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 394, 365 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatli-amd, voluntarily causing hurt while committing or attempting to commit robbery, kidnapping or abducting a person with the intent to secretly and wrongfully confine, common intention---Appreciation of evidence---Benefit of doubt---Recovery of dead body of the deceased at the instance of accused doubtful---Accused were charged for committing murder of the son of complainant after his kidnapping---Record showed that the body was recovered from an abandoned well on 26 June, 2019---At that time, the appellants were neither arrested in the instant case nor was any statement or confession recorded by the Investigation Officer---Appellants were detained only in the instant case on 26th June 2019---About a month later, on 30th July, 2019, the Investigating Officer recorded the alleged extrajudicial confession, nearly 34 days after the initial find---Regarding the recovery of dead body…