| Citation(s) |
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| 2026 SLG 2531 2026 SLD 2531 = 2026 PHC 3400 |
Peshawar High Court
Cr.A. No. 179-812025 with M.R. No.06-B/2025.
Presented By: (SABIT ULLAH KHAN) JUDGE
12.05 .2026. Messrs. Malik Rehman Khattak and Khurram Rafrque Khattak, advocates. Date ofhearing For appellant: For the State: Mr. Abdul Qayum Khan Marwat Asstt: A.G. For respondent: Mr. Abid Anwar Khattak, advocate.
Cr.A. No. 179-812025 with M.R. No.06-B/2025.
Presented By: (SABIT ULLAH KHAN) JUDGE
12.05 .2026. Messrs. Malik Rehman Khattak and Khurram Rafrque Khattak, advocates. Date ofhearing For appellant: For the State: Mr. Abdul Qayum Khan Marwat Asstt: A.G. For respondent: Mr. Abid Anwar Khattak, advocate.
Sajid Ullah.
VS
: The State etc.
Law: Pakistan Penal Code (PPC),1860
Section: 302(b), 324
Law: Code of Criminal Procedure, 1898
Section: 544-A, 382-B, 342, 87 & 88
Tagline Direct Ocular Account by Independent and Natural Witnesses Outweighs Peripheral Investigative Flaws and Minor Medical Discrepancies. Precise Summary The appellant, Sajid Ullah, challenged his conviction by the Additional Sessions Judge-I, Karak, for the murder of Wadi Muhammad (Section 302(b) PPC) and the attempted murder of Khiali Muhammad (Section 324 PPC). The incident occurred on August 4, 2021, at a motorcycle workshop, fueled by a motive of "blood feud" related to the prior murder of the appellant’s father. The prosecution’s case rested primarily on the eyewitness testimony of the complainant (the deceased's brother) and the independent testimony of the workshop owner (PW-11). The defense contended that the complainant’s lack of injuries and the multiplicity of firearm wounds on the deceased suggested multiple assailants and rendered the ocular account doubtful. However, the High Court dismissed the appeal, ruling that the presence of the witnesses was natural and their testimony was consistent and confidence-inspiring. The court further noted that minor investigative defects or the absence of a recovered weapon do not eclipse a credible ocular account corroborated by medical evidence. Consequently, the death sentence and compensation orders were maintained in court. ORDER; SABIT ULI-/IH KEA t1. The appellant, Sajid Ullah, faced trial before the leamed Additional Sessions Judge-I, Karak, in Sessions Case No.03/7 of 2024 arising out of FIR No.387 dated 04.08.2021 registered under Sections 302 and324,P.P.C. at Police Station Karak, District Karak. Vide judgment dated 22.07.2025, the leamed trial Court found the appellant guilty of committing qatl-i-amd of deceased Wadi Muhammad and consequently convicted him under Section 302(b), P.P.C., sentencing him to death as Ta'zir. He was further directed to pay compensation amounting to Rs.500,000/- to the legal heirs of the deceased under Section 544-4, Cr.P.C., and in default whereof to further undergo simple imprisonment for six months. The appellant was also convicted under Section 324,P.P.C. and sentenced to suffer-2- seven years' simple imprisonment. Both…
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