| Citation(s) |
|---|
| 2026 SLG 1311 2026 SLD 1311 = 2026 SCP 5 = 2026 SCMR 980 |
Criminal Petition No. 99-P/2019 & Jail Petition No. 614/2019. (Against the judgment dated 23.10.2019 passed by the Peshawar High Court, Peshawar in Cr.A.No.776-P/2019 with Murder Reference No.18- P/2019)
Justice Jamal Khan Mandokhail Justice Musarrat Hilali Justice Shakeel Ahmad
Syed Mubashir Shah, ASC (in Crl.P.L.A.99-P/2019) Mr. Danial Khan Chamkani, ASC (Pauper counsel in J.P.614/2019 as well as for the respondent No.1 in Cr.PLA No. 99-P of 2019)
Riaz (decd) through his brother Abdur Rauf (in Crl.P.L.A.99-P/2019) ...Petitioner
VERSUS
Gulzar and another (in Crl.P.L.A.99-P/2019) The State (in J.P.614/2019) ....Respondent
Law: Pakistan Penal Code, 1860
Section: 302(b)
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B, 173,342,340(2),204/87
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Qanun-e-Shahadat Order, 1984
Section: 46
Summary
The Supreme Court of Pakistan dismissed the accused-petitioner Gulzar's jail petition against his life imprisonment conviction for murdering Riaz under Section 302(b) PPC, stemming from a 2007 firearm assault reported via the victim's dying declaration and eyewitness testimony. The Court upheld the High Court's reduction of the trial court's death sentence to life imprisonment, citing an unproven motive as a mitigating factor, while rejecting restoration sought by the victim's brother. Prosecution evidence, including the timely dying declaration (Ex.PA/1), medical reports confirming the victim's consciousness, consistent eyewitness account, and the accused's 8-year abscondence, established guilt beyond doubt despite minor procedural lapses.
Core Points
- Incident and FIR: On 07.09.2007 at 08:50 am near railway track, Major Abad, accused Gulzar shot Riaz (aged ~20) due to alleged blood feud; Riaz reported via dying declaration (Ex.PA/1) at 09:25 am in DHQ Hospital Mardan, leading to FIR under initial 324 PPC, later altered to 302 PPC upon death at 16:30 pm.
- Trial Court Outcome: Convicted under 302(b) PPC, death sentence, Rs. 100,000 compensation under Section 544-A Cr.PC (1-year SI in default).
- High Court Appeal: Maintained conviction, converted death to life imprisonment, retained compensation, extended Section 382-B Cr.PC benefit.
- Key Evidence: Dying declaration (admissible under Article 46 Qanun-e-Shahadat Order, 1984) endorsed by eyewitness Abdur Rauf (PW-7); Dr. Shahid Durrani (PW-6) confirmed victim conscious at 09:15 am; consistent statements, blood-stained earth recovery; non-recovery of all empties explained by public interference at open site.
- Accused's Conduct: Absconded for ~8 years post-incident (arrested 20.04.2015), with proceedings under Sections 204/87 Cr.PC, indicating guilt.
- Sentence Rationale: Death is norm for 302 PPC murder, but unproven motive warranted life imprisonment as lesser penalty.
- Supreme Court Ruling: Dismissed both petitions (J.P. 614/2019 and Crl.P.L.A. 99-P/2019), upheld High Court judgment as well-reasoned.
Laws and Sections
| Law/Section | Description/Context |
|---|---|
| Section 302(b) PPC | Conviction for murder; death sentence by trial court, altered to life by High Court, upheld by Supreme Court. |
| Section 544-A Cr.PC | Compensation of Rs. 100,000 to deceased's heirs; 1-year simple imprisonment in default, maintained throughout. |
| Section 382-B Cr.PC | Benefit extended by High Court for time in custody. |
| Article 46, Qanun-e-Shahadat Order, 1984 | Admissibility of dying declaration without precondition of imminent death expectation; relied upon as key evidence after scrutiny. |
| Section 173 Cr.PC | Submission of investigation report/challan after completion. |
| Section 342 Cr.PC | Accused's statement denying guilt, no defense evidence produced. |
| Section 340(2) Cr.PC | Accused did not testify on oath in disproof. |
| Sections 204/87 Cr.PC | Proceedings initiated/completed due to accused's abscondence. |
| Article 185(3), Constitution of Pakistan, 1973 | Basis for Criminal Petition for Leave to Appeal seeking death sentence restoration. |
JUDGMENT