| Citation(s) |
|---|
| 2025 SLG 1192 2025 SLD 1192 = 2025 SCMR 662 |
Supreme Court of Pakistan
Jail Petitions Nos. 314 and 315 of 2017 and Crl.P.L.A. No. 576-L of 2017, decided on 9th December, 2024. (Against a common judgment dated 15.03.2017 passed by the Lahore High Court, Lahore in Crl.As. Nos. 1691 and 1692 of 2012, M.R. No. 438 of 2012 and Crl. Rev. No. 369 of 2016). Date of hearing: 9th December, 2024.
PRESENT: JAMAL KHAN MANDOKHAIL, MUSARRAT HILALI AND NAEEM AKHTER AFGHAN, JJ
Qaisar Mehmood Sara, Advocate Supreme Court for Petitioners (in J.Ps. Nos. 314 and 315 of 2017). Mushtaq Ahmad Mohal, Advocate Supreme Court for Petitioners (in Crl.P. No. 576-L of 2017) (via video link from Lahore) (and also for the
Respondents in J.Ps. Nos. 314 and 315 of 2017). Mirza Abid Majeed, Addl. PG Punjab for the State.
Jail Petitions Nos. 314 and 315 of 2017 and Crl.P.L.A. No. 576-L of 2017, decided on 9th December, 2024. (Against a common judgment dated 15.03.2017 passed by the Lahore High Court, Lahore in Crl.As. Nos. 1691 and 1692 of 2012, M.R. No. 438 of 2012 and Crl. Rev. No. 369 of 2016). Date of hearing: 9th December, 2024.
PRESENT: JAMAL KHAN MANDOKHAIL, MUSARRAT HILALI AND NAEEM AKHTER AFGHAN, JJ
Qaisar Mehmood Sara, Advocate Supreme Court for Petitioners (in J.Ps. Nos. 314 and 315 of 2017). Mushtaq Ahmad Mohal, Advocate Supreme Court for Petitioners (in Crl.P. No. 576-L of 2017) (via video link from Lahore) (and also for the
Respondents in J.Ps. Nos. 314 and 315 of 2017). Mirza Abid Majeed, Addl. PG Punjab for the State.
MUHAMMAD NASIR BUTT AND 2 OTHERS ---PETITIONERS
VS
THE STATE AND OTHERS ---RESPONDENTS
Law: Penal Code (XLV of 1860)
Section: 302(b)
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(g)
Law: Code of Criminal Procedure (CrPC), 1898
Section: 103
Penal Code (XLV of 1860)-------S. 302 (b)---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (g)---Criminal Procedure Code (V of 1898), S.103---Qatl-i-amd---Re-appraisal of evidence---Benefit of doubt---Withholding of evidence---Presumption---Recovery proceedings---Non-association of public witnesses---Motive not proved---Accused persons were convicted by Trial Court for qatl-i-amd; one was sentenced to death whereas the other was sentenced to imprisonment for life---High Court maintained the conviction but converted death sentence into imprisonment for life---Validity---Complainant and other prosecution witnesses in their statements recorded at trial, made dishonest improvements for assigning specific roles to each accused---Such improvements created serious doubt about veracity of their testimony and it was not safe to place reliance on such statements---Eleven crime empties allegedly recovered from crime scene and one 30 bore pistol allegedly recovered on the pointing of one accused were sent together to Forensic Science Laboratory, wherefrom report was negative---No private witness of locality was associated to attest alleged recovery of crime weapon on the pointing of accused---Due to non-association of any private witness of locality to attest recovery of alleged weapon of offence, and due to lack of independent corroboration, the recovery was disbelieved---Prosecution did not produce an injured passerby and an eye-witness of the occurrence---Adverse inference was drawn under Article 129(g) of Qanun-e-Shahadat, 1984 to the effect that had such witnesses been produced by prosecution at the trial, they would not have supported version of prosecution---Alleged motive lacked force necessary to connect accused persons with the commission of offence---Supreme Court set aside conviction and sentences awarded to both the accused persons as prosecution failed to prove charge against them beyond reasonable doubt---Appeal was allowed.2024 SCMR 1741; 2024 SCMR 1839; 2017 SCMR 898; 2024 SCMR 1310 and 2024 SCMR 1507 rel.JUDGMENT:NAEEM AKHTER AFGHAN, JUSTICE:---.---On the charge of committing murder of Amjad Ali (the deceased), Abid Ali (the deceased), causing…