Law: Pakistan Penal Code (PPC),1860

Section: 302, 410

Law: Code of Criminal Procedure (CrPC), 1898

Section:

Prosecution Case

• Incident: On 21.02.2017, Faqir Hussain (deceased) allegedly went to collect Rs. 600,000 from Sajjad Ali.
• Alleged Crime Scene: Godown of Muhammad Shakeel, Bakar Mandi, Lahore.
• Eyewitnesses: Robina Bibi (PW.1), Munir Hussain (PW.2), and Shabbir Hussain (given up PW). They claimed to find Faqir Hussain dead, with Sajjad Ali standing nearby holding a knife (chhurri).
• Appellant’s injuries: Allegedly inflicted on himself with the same knife during the attempt to resist arrest.
• Investigative Steps: FIR registered, postmortem conducted, Chhurri recovered after disclosure, PFSA report done.

Key Points from Trial Record

• The complainant’s story contained inconsistencies, delays, and uncorroborated claims (e.g., no witnesses for lending of Rs. 600,000).
• -Critical witnesses like the godown owner and other locals present during the incident were not examined.
• Timing of FIR registration and postmortem examination inconsistent (FIR allegedly within 35 minutes, postmortem ~18 hours later).
• The appellant’s injuries and hospital records were not properly investigated by police.
• PFSA report linking blood on the Chhurri to the victim was inconclusive, no blood group matching done.
• Eyewitness accounts were materially improved during trial, creating doubts about credibility.
• Appellant’s version of events suggested he was the aggrieved party, yet the prosecution proceeded with a narrative that heavily relied on potentially unreliable witnesses.

Legal Analysis by Court

Doubt on presence of eyewitnesses at the scene:

• They did not identify the deceased in inquest/postmortem.
• Lack of corroboration from independent witnesses.

Delay and procedural lapses:

• FIR registration and postmortem delay raise doubts about authenticity.
• Key investigative steps (hospital records, fingerprints, blood grouping) were neglected.

Unsubstantiated motive: