| 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.
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.”