| Citation(s) |
|---|
| 2026 SLG 1312 2026 SLD 1312 = 2026 SCP 6 |
Supreme Court of Pakistan
Jail Petition No. 6 of 2018 Against the judgment dated 30.11.2017 of the Lahore High Court, Lahore passed in MR 162 of 2015 and Cr. Ð. 466-J/13./12
Mr. Justice Irfan Saadat Khan Mr. Justice Malik Shahzad Ahmad Khan
Mr. Syed Muhammad Tayyab Shah, ASC
Jail Petition No. 6 of 2018 Against the judgment dated 30.11.2017 of the Lahore High Court, Lahore passed in MR 162 of 2015 and Cr. Ð. 466-J/13./12
Mr. Justice Irfan Saadat Khan Mr. Justice Malik Shahzad Ahmad Khan
Mr. Syed Muhammad Tayyab Shah, ASC
Abdul Jabbar ...Petitioner
VERSUS
The State ...Respondent
Law: Pakistan Penal Code, 1860
Section: 302(b), 324,337-F(iii),148/149/109
Law: Code of Criminal Procedure, 1898
Section: 544-A, 382-B
Summary
In this jail petition, the Supreme Court of Pakistan dismissed Abdul Jabbar's challenge to the High Court's judgment, which had modified his death sentence for murdering Mustafa under Section 302(b) PPC to life imprisonment. The incident stemmed from a village altercation leading to the accused firing fatally at Mustafa and injuring others in broad daylight. While motive and pistol recovery were unproven, ocular and medical evidence solidly supported conviction; the Court upheld life imprisonment as appropriate when motive fails, citing precedents.
Core Points
- Incident Details: On 31.05.2009, accused Abdul Jabbar (petitioner) and co-accused attacked complainant's group at a dera in Kasur, killing Mustafa with a pistol shot to the abdomen; injuries inflicted on Allah Wasaya and Sikandar by co-accused using rifle and pistol.
- Trial Court Outcome: Convicted petitioner under Section 302(b) PPC with death sentence, Rs. 200,000 compensation (Section 544-A Cr.P.C.), and default imprisonment; co-accused convicted under Sections 337-F(iii)/324 PPC with lighter sentences.
- High Court Ruling: Dismissed appeal but reduced death to life imprisonment, citing unproven motive, unreliable pistol recovery, and single non-repetitive injury; maintained compensation.
- Petitioner's Arguments: High Court erred by not acquitting due to unproven motive/recovery; sought parity with co-accused's milder sentences.
- Supreme Court Analysis: Affirmed conviction via strong ocular/medical evidence in daylight with known parties; motive/recovery rightly disbelieved but insufficient for acquittal—warrants life imprisonment per precedents.
- Final Order: Petition dismissed on 11.12.2025, upholding High Court's life sentence and compensation.
Laws and Sections
| Law/Section | Description/Context | Application in Case |
|---|---|---|
| Section 302(b) PPC | Murder punishable by death or life imprisonment (qatl-i-amd with firearm). | Petitioner convicted for fatal pistol shot to Mustafa's abdomen; death reduced to life by High Court/Supreme Court. |
| Section 324 PPC | Attempt to commit qatl-i-amd with dangerous weapon. | Co-accused convicted for injuries to Allah Wasaya and Sikandar. |
| Section 337-F(iii) PPC | Causing hurt with dangerous weapon (riyast). | Co-accused sentenced for thigh injuries via rifle/pistol shots. |
| Sections 148/149/109 PPC | Rioting armed with deadly weapon, unlawful assembly, abetment. | Charged in FIR for group attack with firearms and lalkara. |
| Section 544-A Cr.P.C. | Compensation to victim's legal heirs. | Rs. 200,000 imposed on petitioner, upheld with 6 months default imprisonment. |
| Section 382-B Cr.P.C. | Benefit of time served in custody. | Extended to petitioner by High Court. |
ORDER