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Khair Muhammad and another V. The State,

PCrLJ 2019 26 · Balochistan High Court

This case is about the murder of a young man named Abdul Hameed, allegedly by two neighbors, Khair Muhammad and Zahoor Ahmed, in Panjgoor, Balochistan in December 2015. According to the prosecution, the victim was called out of his house at night by the two accused, and shortly after, his father heard gunshots and saw the accused running away armed. The victim was later found dead from bullet wounds inside the accused's house.

The trial court convicted both men under Section 302(b) read with Section 34 of the Pakistan Penal Code (murder with common intention) and sentenced them to life imprisonment, along with compensation to be paid to the victim's family. They appealed to the Balochistan High Court.

The High Court upheld the conviction. It found the eyewitness accounts credible and consistent, supported by medical evidence of bullet wounds, recovery of blood-stained earth and bullet casings from the accused's house, forensic matching of the recovered pistol to the casings, phone records showing contact between the victim and accused on the night of the murder, and one accused's confession leading to recovery of the weapon. The court also clarified that being related to the victim doesn't automatically make a witness's testimony unreliable, and that lack of a clear motive doesn't undermine a murder case if other evidence is strong.

The appeals were dismissed, and the convictions and sentences were upheld.

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