| Citation(s) |
|---|
| 2025 SLG 4408 2025 SLD 4408 = 2025 SCP 375 |
Criminal Petition Nos.189, 92-L of 2020 & 1810-L of 2019 Crl.M.A No.2165 of 2025 in Crl.P.No.1810-L of 2019 Crl.M.A No.2166 of 2025 in Crl.P.No.92-L of 2020 (On appeal against the judgment dated 04.12.2019 passed by the Lahore High Court, Lahore in Crl. Appeal No.3827/2015 & Capital Sentence Reference No.01- T/2016)
MR. JUSTICE ATHAR MINALLAH MR. JUSTICE IRFAN SAADAT KHAN MR. JUSTICE MALIK SHAHZAD AHMAD KHAN
Muhammad Nawaz Cheema Muhammad Nawaz
VERSUS
The State
Law: Pakistan Penal Code (PPC),1860
Section: 302(b)/34,324/34,148,149,337F(iii),120-B
Law: Code of Criminal Procedure, 1898
Section: 544-A,161,382-B
Law: Qanun-e-Shahadat Order, 1984
Section: 129(g)
Law: Anti-Terrorism Act, 1997
Section: 7(a),7(c),21-I, 21-L
Summary:
The petitioners, Azhar Iqbal and Zafar Iqbal, were convicted and sentenced to death for the murder of Jamshed Iqbal and related offences by the Anti-Terrorism Court, upheld partly by Lahore High Court. On further review, significant inconsistencies in eyewitness testimony, lack of medical evidence correlating certain injuries, non-recovery of weapons, and missing CCTV footage cast doubt on the prosecution's case. The Court found the prosecution failed to prove the petitioners' guilt beyond reasonable doubt and acquitted them, setting aside prior judgments. Related petitions for sentence enhancement and acquittal of other accused were dismissed.
Core Points:
- Petitioners convicted under multiple sections including murder and Anti-Terrorism Act offences; sentences included death and imprisonment.
- FIR named 16 accused for one homicide and one injury; 13 co-accused were acquitted previously.
- Eyewitness statements contradicted medical evidence, especially concerning injury sites.
- No weapon recovered from Zafar Iqbal; forensic exam of pistol linked to Azhar Iqbal was negative.
- No CCTV footage from inside or outside courtroom produced by prosecution despite installation claims; prosecution failed to justify withholding.
- Prosecution witnesses made dishonest improvements to align with medical evidence, reducing their reliability.
- Motive presented was insufficient without corroborative evidence.
- Court granted benefit of doubt due to inconsistencies, acquitting petitioners and dismissing related petitions.
Law and Section
| Law | Section | Citation/Notes |
|---|---|---|
| Pakistan Penal Code (PPC) | 302(b)/34 | Murder & common intention |
| Pakistan Penal Code (PPC) | 324/34 | Voluntarily causing hurt by dangerous weapons with common intention |
| Pakistan Penal Code (PPC) | 148 | Rioting, armed with deadly weapon |
| Pakistan Penal Code (PPC) | 149 | Every member of unlawful assembly guilty of offense committed |
| Pakistan Penal Code (PPC) | 337F(iii) | Hurt causing mischief |
| Pakistan Penal Code (PPC) | 120-B | Criminal conspiracy |
| Code of Criminal Procedure(Cr.P.C) | 544-A Cr.P.C | Compensation to legal heirs |
| Anti-Terrorism Act, 1997 | 7(a) | Use of weapons to cause harm |
| Anti-Terrorism Act, 1997 | 7(c) | Attempt to cause harm with a weapon |
| Anti-Terrorism Act, 1997 | 21-I | Enabling commission of terrorist acts |
| Anti-Terrorism Act, 1997 | 21-L | Punishment for harboring terrorists |
| Criminal Procedure Code (Cr.P.C) | 161 | Recording statements of witnesses |
| Criminal Procedure Code (Cr.P.C) | 382-B | Benefits of section for accused |
| Qanun-e-Shahadat Order, 1984 | Article 129(g) | Drawing adverse inference for withholding evidence |
J U D G M E N T