Our Services:

• Legal representation for both the accused and the victim’s family.
• Conducting investigations and gathering evidence.
• Filing and handling bail applications.
• Negotiating plea bargains where applicable.
• Defending clients during trials at all levels, including appeals.
• Providing expert consultancy for mitigating circumstances to reduce sentencing.

Types of Murder:

• Qatl-e-amd (intentional murder): This is willful, deliberate murder, covered under Section 300 of the Pakistan Penal Code (PPC).
• Qatl-e-Khata (accidental murder): Unintentional killing due to negligence or mistake.
• Qatl-bis-Sabab: Killing due to an unintended cause or consequence, often related to indirect actions.

Procedures

Murder cases in Pakistan generally follow a sequence of events:

1. Filing of FIR: A First Information Report (FIR) is lodged at the police station by the complainant under Section 154 of the Criminal Procedure Code (CrPC). The FIR is a critical document that sets the legal machinery into motion.
2. Investigation: After the FIR, the police conduct an investigation, collect evidence, record witness statements, forensic reports and arrest the accused.
• Medical Examination: Post-mortem examination of the deceased is conducted to ascertain the cause and manner of death. Key tests include toxicology, histopathology, and forensic analysis of injuries.
• Collection of Evidence: Includes forensic evidence (DNA, fingerprints), witness testimony, and surveillance footage.
3. Arrest of Accused: If sufficient evidence is found, the police arrest the accused under CrPC rules.
4. Bail: In cases of murder, bail is typically difficult to secure and often denied due to the gravity of the charge.
• Bail applications under Section 497 of CrPC must demonstrate either weak evidence, lack of direct involvement, or prolonged delay in trial.
5. Preliminary Hearing: The accused is presented before a Magistrate, and a remand may be requested for further investigation.
6. Charge Sheet: Upon completing the investigation, the police file a charge sheet (challan) in the court.
7. Trial: The court frames charges, and the trial commences. Both the prosecution and defense present their evidence, followed by cross-examination. If convicted, they may appeal to the High Court or Supreme Court.
• Evidence and Witness Examination: The prosecution presents its evidence and witnesses. The defense has the right to cross-examine under Sections 137 and 138 of the Qanun-e-Shahadat Order, 1984.
8. Judgment/Sentencing: Based on the evidence presented, the court either convicts or acquits the accused. If convicted, the court may sentence the accused to death (capital punishment) or life imprisonment under the Pakistan Penal Code (PPC), depending on the severity of the crime.
9. Appeal: Both the prosecution and defense have the right to appeal the verdict to higher courts, including the High Court and Supreme Court.

Important Data:

• Maximum Penalty: Death penalty (Qisas under Islamic law) or life imprisonment.
• Key Legal Provisions: Sections 302, 304, and 311 of the Pakistan Penal Code (PPC).
• Role of compoundable offenses: Under Section 302(c) of PPC, Qisas and Diyat laws can play a role in sentencing, allowing for financial compensation as a form of justic
• Culpable Homicide: Section 302 of the Pakistan Penal Code (PPC) covers different forms of murder. For example, qatl-i-amd (intentional murder) carries the death penalty or life imprisonment.
• Defenses: We provide a robust defense, utilizing defenses like self-defense (Section 100 PPC), provocation, or lack of intent.

Time Limitations

The trial should commence within 30 days of filing the challan, and the judgment must be delivered within 90 days of the start of the trial, as per the provisions of CrPC.

Important Judgments:

• PLD 1994 SC 885: Interpretation of self-defense in murder cases.
• 2004 SCMR 601: Landmark judgment on the applicability of the Qisas and Diyat laws.
• Muhammad v. State (PLD 2021 SC 100): The Supreme Court emphasized the necessity of proving intent in murder cases.
• Mst. Saida v. The State (2019 SCMR 1033): Clarified evidentiary burden in murder trials.
• State v. Abdul Rasheed (2016 SCMR 275): Addressed issues of self-defense in murder cases.
• Ali v. The State (PLD 2014 SC 631): Discussed the role of circumstantial evidence in murder convictions.
• Zafar Iqbal v. The State (2011 SCMR 800): Highlighted the significance of witness testimony in murder cases.
• Mujahid v. The State (PLD 2010 SC 552): Reviewed the application of the principle of reasonable doubt.
• Ghulam Mustafa v. State (2008 SCMR 1492): Discussed the legality of confessions in murder cases.
• Nawab v. The State (2006 SCMR 304): Addressed issues surrounding premeditated murder.
• Zafar Iqbal v. State (PLD 2005 SC 42): Clarified the distinction between murder and manslaughter.
• Shahid v. The State (PLD 2004 SC 80): Emphasized the role of forensic evidence in murder trials.

Relevant Laws

• Pakistan Penal Code (PPC) 1860: Sections 302 (punishment for murder), 304 (culpable homicide), and 311 (qatl-i-amd).
• Criminal Procedure Code (CrPC) 1898: Details procedures for criminal trials.
• Qisas and Diyat Ordinance 1990: Governs the compensation and retributive justice aspect of murder cases.
• Anti-Terrorism Act, 1997: For terrorism-related murders.