| Citation(s) |
|---|
| 2026 SLG 1316 2026 SLD 1316 = 2026 SCP 11 |
Criminal Appeals No. 11-L & 12-L/2021 and Criminal Petition No. 394-L/2017 (on appeal against the Judgment dated 09.01.2017 passed by the Lahore High Court, Lahore in Crl. Appeal No. 1021/2011 & M. R. No. 148/2011)
Mr. Justice Muhammad Hashim Khan Kakar Mr. Justice Salahuddin Panhwar Mr. Justice Ishtiaq Ibrahim
Haider Mehmood Mirza, ASC (in Crl.A.11-L & 12-L/2021)
Munir Ahmad and Zulfiqar @ Kala (in Crl.A.11-L/2021) Naseer Ahmed (in Crl.A.12-L/2021) Rao Muhammad Anwar (in Crl.P.L.A.394-L/2017) …Appellant(s) / Petitioner(s)
VERSUS
The State (in Crl.A.11-L & 12-L/2021) The State, etc (in Crl.P.L.A.394-L/2017) …Respondent(s)
Law: Pakistan Penal Code (PPC),1860
Section: 302(b) ,34,365-B
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B,173
Case Summary
In this murder case (FIR No. 610/2010 under Sections 302 & 34 PPC), appellants Munir Ahmed, Zulfiqar alias Kala, and Naseer Ahmed were convicted by the Trial Court for killing Ghulam Sarwar, with death sentences for two and life for one. The High Court upheld convictions but commuted death to life imprisonment. The Supreme Court, reappraising evidence, acquitted all appellants due to unreliable chance eyewitness testimony marked by contradictions, unexplained presence, unnatural details, and lack of corroborative forensic/medical evidence, extending benefit of doubt.
Core Points
- Eyewitness Credibility Issues: PW-3 (complainant Khushi Muhammad) and PW-7 (Muhammad Wakeel) were chance witnesses without natural presence near the scene; their explanation of returning from buying a buffalo emerged only in cross-examination and contained contradictions on timings, distances, and events.
- Material Contradictions: Discrepancies in departure times (10-11:30 a.m.), travel distances (3â…“ vs. 7-8 km), stay duration (10-15 min vs. 1-1½ hrs), buffalo details, hiding spots, police arrival, and post-mortem timing (4:30 p.m. vs. 5-5:30 p.m.); Yameen (seller) not produced for corroboration.
- Unnatural Testimony: Eyewitnesses gave implausibly precise details of each shot by each accused, inconsistent with human behavior under stress; no recovery of .30-bore or .7mm empties matching assigned roles.
- Forensic and Medical Shortfalls: Only .44-bore empties recovered (delayed dispatch); medical evidence did not match specific injury attributions; motive unproven.
- Legal Outcome: Prosecution failed to prove guilt beyond reasonable doubt via direct evidence; single doubt entitles acquittal; appeals allowed, enhancement petition dismissed.
Laws and Sections
| Law/Section | Description/Context in Case |
|---|---|
| Section 302(b) PPC | Conviction under this clause for murder as Ta'zir; maintained by High Court but set aside by Supreme Court due to benefit of doubt. |
| Section 34 PPC | Charged for common intention in murder; part of FIR but not sustained on evidence review. |
| Section 544-A CrPC | Compensation of Rs. 1,00,000 each imposed on appellants to deceased's heirs, recoverable as land revenue arrears; upheld by lower courts. |
| Section 382-B CrPC | Benefit of doubt extended to appellants by Trial Court and High Court. |
| Section 173 CrPC | Challan/report submitted post-investigation leading to trial. |
| Section 365-B PPC | Motive linked to prior FIR No. 578/2010 for kidnapping deceased's wife; unproven. |
JUDGMENT
ISHTIAQ IBRAHIM, J.- Munir Ahmed, Zulfiqar alias Kala and Naseer Ahmed, the appellants, charged for committing murder of Ghulam Sarwar, the deceased, vide case FIR No.610/2010 dated 17.12.2010, under sections 302 & 34 of the Pakistan Penal Code, 1860 (‘PPC’), registered at Police Station Saddar Lodhran, were tried by the Additional Sessions Judge, Lodhran (‘Trial Court’). Upon conclusion of the trial, the Trial Court vide judgment dated 24.09.2011, convicted the appellants under section 302(b) PPC and sentenced appellants Munir Ahmed and Zulfiqar alias Kala to death as Ta’azir with direction to pay Rs.1,00,000/-, each, as compensation under section 544-A of the Code of Criminal Procedure, 1898 (‘the Code’) to legal heirs of the deceased to be recovered as arrears of land revenue while appellant Naseer Ahmed was sentenced to undergo imprisonment for life as Ta’azir and to pay Rs.1,00,000/-, as compensation to legal heirs of the deceased under section 544-A of the Code, to be recovered as arrears of land revenue. Benefit of Section 382-B of the Code was extended to the appellants.