| Citation(s) |
|---|
| 2026 SLG 1308 2026 SLD 1308 = 2026 SCP 2 = 2026 SCMR 466 |
Criminal Appeals No.503 and 504 of 2022 (On appeal against the judgment dated 05.10.2016, passed by the Lahore High Court, Bahatuatpur Bench, Bahawalpur, in Criminal Appeal No.410 of 2013/BWP and Murder Reference No.47 of 2013/BWP)
JUSTICE MUHAMMAD HASHIM KHAN KAKAR JUSTICE SALAHUDDIN PANHWAR JUSTICE ISHTIAQ IBRAHIM
Mr. Muhammad Akram Gondal, ASC and Syed Rifaqat Hussain Shah, AOR.
Shahzad Liaqat nn Cr.Appeal No.503/2022) Abdul Hafeez Pn Cr.Appeal No.504/2022) ...Appellants
VERSUS
The State &; another (in both appeals) ...Respondent
Law: Pakistan Penal Code, 1860
Section: 302(b),302(c)
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B,173,340(2),342
Summary
In this murder case (FIR No. 170/2012 under Section 302 PPC), Shahzad Liaqat was convicted for killing 15-year-old Muzamil Hafeez during a quarrel at his shop over an easy-load purchase. Eyewitnesses (father and uncle of deceased) reliably testified to the appellant firing a single 30-bore pistol shot in the heat of passion without premeditation. Trial Court imposed death; High Court commuted to life imprisonment. Supreme Court partly allowed the appeal, reclassifying the offense from 302(b) to 302(c) PPC (sudden fight, no undue advantage), reducing sentence to 20 years RI plus compensation, while dismissing the enhancement petition.
Core Points
- Prosecution Evidence: Consistent eyewitness accounts (PW-1, PW-2) of altercation escalating to single chest shot; medical evidence confirmed fatal firearm wound; incident in broad daylight at appellant's shop in village Chak No. 9/G.
- Defence Plea: Appellant claimed accidental discharge outside his closed shop and that he helped transport deceased; supported by DWs, but rejected as afterthought—contradicted by site plan showing injury inside shop.
- Motive and Recovery: High Court noted unproven motive and flawed FSL report (empties/weapon sent together), treated as mitigating factors for life sentence.
- Supreme Court Reappraisal: No premeditation; fit Exception 4 to old Section 300 PPC (sudden quarrel in heat of passion); converted to 302(c) PPC with 20 years RI, benefit of Section 382-B Cr.P.C., compensation intact.
- Appeals Outcome: Criminal Appeal 503/2022 partly allowed; enhancement appeal 504/2022 dismissed as infructuous.
Laws and Sections
| Section | Description | Application in Case |
|---|---|---|
| 302(b) PPC | Murder with intention to cause death or bodily injury likely to cause death | Original conviction by Trial/High Court; upheld for guilt but altered by Supreme Court |
| 302(c) PPC | Murder in sudden fight without premeditation, undue advantage, or cruelty | Final conviction by Supreme Court, based on heat-of-passion single shot |
| 544-A Cr.P.C. | Compensation to victim's heirs | Rs. 300,000 awarded, upheld with 6 months SI in default |
| 382-B Cr.P.C. | Benefit for time served during trial | Granted to appellant |
| 173 Cr.P.C. | Police report (Challan) after investigation | Submitted post-arrest and recovery |
| 340(2) Cr.P.C. | Accused as witness | Appellant testified in own defence |
| 342 Cr.P.C. | Examination of accused | Basis for defence plea of false implication/accident |
JUDGMENT