| Citation(s) |
|---|
| 2026 SLG 1852 2026 SLD 1852 |
Islamabad High Court
Criminal Appeal No.98 of 2019 , Criminal Appeal No.121 of 2019 , Murder Reference No. 05 of 2018
Presented By: (CHIEF JUSTICE) (ARBAB MUHAMMAD TAHIR) JUDGE
Appellants by : Mr. Shuja Ullah Gondal, Advocate for appellant in Crl. Appeal No.98/2019. Mr. Muhammad Ilyas, Advocate for appellant in Crl. Appeal No.121/2019. State by : Mr. Jameel Fayyaz Rajput, State counsel along with Muhammad Abrar, S.I. Dates of Hearing : 29.09.2022.
Criminal Appeal No.98 of 2019 , Criminal Appeal No.121 of 2019 , Murder Reference No. 05 of 2018
Presented By: (CHIEF JUSTICE) (ARBAB MUHAMMAD TAHIR) JUDGE
Appellants by : Mr. Shuja Ullah Gondal, Advocate for appellant in Crl. Appeal No.98/2019. Mr. Muhammad Ilyas, Advocate for appellant in Crl. Appeal No.121/2019. State by : Mr. Jameel Fayyaz Rajput, State counsel along with Muhammad Abrar, S.I. Dates of Hearing : 29.09.2022.
(Tahseen Ullah
VS
. The State and another ), (Salman Khan Vs. The State and another ), (The State Vs. Tehseen Ullah).
Law: Pakistan Penal Code (PPC),1860
Section: 302/34, 392/34, 324/34
Law: Code of Criminal Procedure, 1898
Section: 173, 342 / 340(2), 374,544-A
Law: Qanun-e-Shahadat Order, 1984
Section: 22,38 & 40
Tagline Conviction in Robbery and Murder Upheld; Proper Conduct of Test Identification Parade, Direct Ocular Account, and Corroborative Ballistic Evidence Beyond Reasonable Doubt. Summary This judgment addresses Criminal Appeals Nos. 98 and 121 of 2019 filed by appellants Tehseen Ullah and Salman Khan, alongside Murder Reference No. 05 of 2019 for confirmation of the death sentence awarded to Tehseen Ullah. The Incident: On March 31, 2016, at IJP Road near Dhoke Hassu, Islamabad, the appellants committed armed robbery. Tehseen Ullah boarded a Mazda truck, held up the driver (complainant Shaukat Ali), and forcibly took Rs. 100,000. When the conductor, Dost Muhammad Khan, intervened and raised an alarm, Tehseen Ullah fired at him twice, inflicting fatal gunshot wounds to his shoulder and back. Prosecution Case & Identification: Though the FIR was registered against unknown culprits, both appellants were arrested on April 6, 2016. On April 12, 2016 (within 6 days of arrest), a Test Identification Parade (TIP) was conducted in Adyala Jail under the supervision of an Executive Magistrate. The complainant successfully identified both appellants and assigned their roles, which was corroborated by consistent and unshaken courtroom deposition. Corroborative Evidence: Ocular Account: The direct and natural testimony of the eye-witness complainant (PW-8) stood firm under extensive cross-examination. Medical Evidence: Post-mortem analysis supported the ocular account regarding the entry/exit trajectories of the gunshot wounds. Ballistic Match: The .30 bore pistol recovered from Tehseen Ullah's pointation forensically matched the three crime-scene empties. Decision: Rejecting defense arguments regarding minor delay in the TIP, lack of specific role assignment at the jail parade, and minor investigation lapses, the High Court held that the prosecution had proved its case beyond reasonable doubt. The convictions and sentences of both appellants were maintained, and the appeals were dismissed. (Note: The Supreme Court subsequently commuted Tehseen Ullah's death sentence to life imprisonment in Tahseen Ullah & Salman Khan…