Case Details

Citation(s)
2025 SLG 5114 2025 SLD 5114 = 2025 LHC 7036 = 2026 YLR 1002
Lahore High Court
MURDER REFERENCE NO.267 of 2022 CRIMINAL APPEAL No.63866 of 2022
PRESENT; (Shehram Sarwar Ch.) JUDGE                                       (Sardar Akbar Ali) JUDGE.  
DATE OF HEARING: 25.11.2025 APPELLANT BY: M/s. Syed Ali Muhammad Zahid Bukhari, Asjad Abbas Kazmi, Sarfraz Ahmad Saroya and Ms. Mehr Batool Rizvi, Advocates. STATE BY: Mr. Munir Ahmad Sial, Addl. Prosecutor General. COMPLAINANT: M/s. Ch. Irshad Ullah Chattha and Qamar-uz- Zaman Cheema, Advocates.

Muhammad Hussain

VS

The State.

Law: Pakistan Penal Code (PPC),1860

Section: 302, 544-A, 374

Law: Code of Criminal Procedure (CrPC), 1898

Section:

Law: Qanun-e-Shahadat Order, 1984

Section:

Brief Summary

  • Muhammad Hussain was accused of killing Mst. Najma Asghar by shooting her near Aziz Fatima Hospital, Faisalabad on 05-07-2021. The trial court convicted him and awarded the death penalty. He appealed.

The Lahore High Court disbelieved the prosecution evidence due to:

  • Unexplained 7+ hour delay in post-mortem examination
  • Unreliable and interested eyewitnesses
  • Non-production of crucial independent witnesses
  • Contradictions between medical and ocular evidence
  • Suspicious and doubtful weapon recovery
  • Unproved motive
  • Flawed CDR evidence
  • Unreliable CCTV footage recovery and handling

The Court held that the prosecution failed to prove the case beyond reasonable doubt.

Final Decision

  • Appeal Accepted
  • Muhammad Hussain was acquitted
  • Death sentence not confirmed (Murder Reference answered in negative)
  • Ordered to be released forthwith if not required in any other case.

TAG LINE 

“Conviction set aside — prosecution evidence found unreliable, contradictory, and based on withheld best evidence; unexplained delay in post-mortem and faulty recoveries render entire case doubtful — benefit of doubt extended — death sentence not confirmed.”

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