| Citation(s) |
|---|
| 2025 SLG 5015 2025 SLD 5015 = 2025 SCP 442 = 2026 SCMR 251 |
Supreme Court of Pakistan
Jail Petition No. 166/2022 (Against the order/judgment dated 04.03.2022 passed by the High Court of Sindh, Bench at Sukkur, in Crl. Jail Appeal No. S-57/2020)
Justice Muhammad Hashim Khan Kakar Justice Ishtiaq Ibrahim Justice Ali Bagar Najafi
Aqib Aman, Research Officer
Jail Petition No. 166/2022 (Against the order/judgment dated 04.03.2022 passed by the High Court of Sindh, Bench at Sukkur, in Crl. Jail Appeal No. S-57/2020)
Justice Muhammad Hashim Khan Kakar Justice Ishtiaq Ibrahim Justice Ali Bagar Najafi
Aqib Aman, Research Officer
Ghulam Sarwar Ghangro Petitioner(s)
VERSUS
The State
Law: Pakistan Penal Code, 1860
Section: 302(b),337-H, 504, 34
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B
Summary
The Supreme Court acquitted petitioner Ghulam Sarwar Ghangro of murder charges by setting aside convictions from the Trial Court (20.09.2019) and High Court of Sindh (04.03.2022), converting the petition into an appeal due to significant inconsistencies in the prosecution's timeline and evidence.-
Core Points
- Rigor Mortis Discrepancy: Post-mortem at 01:30 a.m. on 16.10.2005 showed full rigor mortis, inconsistent with alleged 06:00 p.m. death on 15.10.2005; medical expert estimated death 16-18 hours prior (07:30-09:30 a.m.), making prosecution timeline implausible per forensic standards from Modi's textbook.-
- Witness Contradictions: Eyewitnesses (relatives) gave inconsistent accounts on body transport to police station vs. hospital first, added unmentioned robbery of Rs.25,000 in statements, and showed unnatural conduct by not resisting or raising alarm during the shooting.
- Additional Weaknesses: No recovery of crime weapon or spent casings, unproven motive, 3-2 km distance unexplained by delayed post-mortem (07:30 hrs), rendering case an unseen occurrence with reasonable doubt favoring acquittal.
Legal Provisions
| Section | Description | Context in Case |
|---|---|---|
| 302(b) PPC | Qatl-i-amd punishable with life imprisonment as Tazir | Basis of petitioner's conviction by Trial Court, upheld then set aside by Supreme Court. - |
| 544-A Cr.PC | Compensation to victim's heirs | Trial Court imposed Rs.300,000 fine on petitioner, with 6 months SI in default. |
| 382-B Cr.PC | Period of detention counted as sentence | Benefit extended to petitioner by Trial Court. |
| 337-H, 504, 34 PPC | Related offenses (hurt, insult, common intention) | Part of original FIR alongside 302 PPC. |
JUDGMENT