FIR No.266/2008 under sections 302/34 PPC, registered at PS Dera Allah Yar, concerned the murder of Ghulam Murtaza. Jamshair was convicted on 18.01.2023 and the Balochistan High Court's Sibi Bench upheld the conviction on 04.04.2023 in Criminal Appeal No.11/2023. He petitioned the Supreme Court in Crl.P.L.A.22-Q/2023. (The judgment is noted as not approved for reporting.)
On 25.08.2026, the Supreme Court — Mr. Justice Ishtiaq Ibrahim authoring, with Mr. Justice Muhammad Hashim Khan Kakar and Mr. Justice Salahuddin Panhwar — converted the petition into an appeal, allowed it, set aside the conviction and sentence, and acquitted Jamshair on benefit of doubt with directions for forthwith release.
The prosecution's case rested on section 34 PPC — common intention — to make Jamshair vicariously liable with the principal accused. The Court held the prosecution had produced no positive, cogent evidence that the petitioner shared a common intention: mere presence at the scene, or a subsidiary role such as raising a lalkara or catching hold of the deceased, is insufficient to attract vicarious liability without proof of a prior meeting of minds. Nor could the possibility of false implication be ruled out — the petitioner was the elder brother of the absconding co-accused Abdul Aziz and Barkat Ali.
Section 34 is among the most invoked and most misapplied provisions in murder trials. This judgment restates its boundary with unusual clarity: vicarious liability needs a proved shared plan, not guilt by association or by blood relation. Wahan maujood hona jurm me shareek hona nahi — presence is not participation, and family ties are not a meeting of minds.