| Citation(s) |
|---|
| 2026 SLD 3472 |
Criminal Appeal No.98 of 2019 Criminal Appeal No.121 of 2019 Murder Reference No. 05 of 2018
Presented By: 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 ) and (The State Vs. Tehseen Ullah)
Law: Pakistan Penal Code (PPC),1860
Section: 302, 324, 392, 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
Law: Police Rules, 1934
Section: 26.32
Summary
The appellants challenged their convictions for murder, attempted murder, and robbery arising out of a fatal armed robbery committed on 31.03.2016. During the incident, the complainant was robbed of Rs.100,000 while his conductor, Dost Muhammad Khan, was shot dead after resisting the robbers. The complainant survived another shot fired at him.
The High Court held that although the appellants were not nominated in the FIR, the prosecution successfully established their guilt through a combination of:
- credible ocular testimony of the complainant,
- a properly conducted identification parade,
- recovery of the murder weapon at the instance of Tahseen Ullah,
- positive forensic matching of the recovered pistol with the crime empties,
- medical evidence fully supporting the ocular account, and
- absence of any motive for false implication.
The Court ruled that minor procedural irregularities in the identification parade did not affect its evidentiary value since the complainant consistently identified both accused and assigned their respective roles during trial. The appeals were dismissed, and the death sentence awarded to Tahseen Ullah was confirmed.