PHC overturns nephew's death penalty in lawyer murder case

The Peshawar High Court (PHC) has quashed the death sentence and fine imposed on the accused nephew in the murder case of senior lawyer and Bar Council member Razaullah, ordering his acquittal.

A two-member bench comprising Justice Sahibzada Asadullah and Justice Farah Jamshed heard the petition of accused Jaber filed through advocate Shabeer Hussain Gagiani.

According to the prosecution, Jaber had allegedly shot and injured his uncle, Razaullah Khan, inside his office in Gora Bazar Saddar on November 16, 2022, over a property dispute.

In his reported dying declaration, the victim named his nephew as the assailant.

Jaber was subsequently arrested, and the trial court sentenced him to death on June 29, 2024, after finding him guilty of murder.

During the appeal hearing, Advocate Gagiani argued that the police investigation revealed the deceased had sustained eight bullet wounds, raising serious doubts about his ability to make a coherent dying declaration. He further pointed out that a police letter — circulated on social media — neither recorded the time of the incident nor bore the signatures of the victim or the attending doctor.

He also highlighted that the dying declaration lacked cross-examination and that such statements, without corroborating evidence, are insufficient for conviction. Furthermore, despite the presence of CCTV cameras in the area, no footage was obtained.

The defence argued that the investigation lacked transparency and was conducted under pressure. A video of the incident, allegedly recorded by the accused himself, was never subjected to forensic examination. The person shown in the video was not the accused, the court was told.

The deceased lawyer had several ongoing disputes too, the court was told.