| Citation(s) |
|---|
| 2026 SLG 1318 2026 SLD 1318 = 2026 SCP 13 |
J.P. No. 62/2022 (against the Judgment dated 01.02.2022 passed by the Hon’ble Lahore High Court, Rawalpindi Bench in Crl.A. No. 352/2021)
Mr. Justice Muhammad Hashim Khan Kakar Mr. Justice Salahuddin Panhwar Mr. Justice Ishtiaq Ibrahim
Mr. Rehan Iftikhar, ASC
Khursheed Ahmad ...Petitioner
VERSUS
The State etc. …Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),316,315,331
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B,173,342
Summary
The Supreme Court of Pakistan dismissed the jail petition of Khursheed Ahmad, convicted for the murder of his wife Gulshan Bibi. Initially sentenced to life imprisonment under Section 302(b) PPC by the trial court, his conviction was modified by the Lahore High Court to ten years under Section 316 PPC for Qatl-i-Shibh-i-Amd with Diyat. The court upheld the conviction based on consistent ocular testimony from the couple's minor son, corroborated by medical evidence of multiple bruises and hypovolemic shock, prior history of domestic violence, petitioner's abscondence, and rejection of his unsubstantiated alibi and illegal confinement plea.
Core Points
- Prosecution Case: Deceased's brother (PW-7) reported frequent quarrels and abuse by petitioner; minor son (PW-9) eyewitness testified petitioner and Raees Pathan beat deceased with wooden plank, causing unconsciousness and death.
- Medical Evidence: Autopsy (PW-5) revealed multiple bruises on neck, eye, limbs, back, and face; death due to cardiopulmonary arrest and hypovolemic shock from violence; no poison detected.
- Investigation: FIR registered on 21.07.2019; wooden plank recovered on 04.08.2019 per petitioner's disclosure; petitioner arrested on 31.07.2019 after absconding.
- Trial and Appeal: Trial court convicted under 302(b) PPC (life + compensation); High Court altered to 316 PPC (10 years + Diyat Rs. 2,055,936).
- Defenses Rejected: Alibi unsupported (no workplace details or witnesses); illegal confinement claim unproven (no prior complaints); no evidence of natural death, petitioner's conduct suspicious.
- Supreme Court Ruling: Petition dismissed; conviction/sentence upheld; Diyat payable in three installments over five years; bail on Rs. 1,000,000 bonds.
Relevant Laws and Sections
| Section | Law/Document | Description/Context in Case |
|---|---|---|
| 302(b) | Pakistan Penal Code, 1860 (PPC) | Qatl-i-Amd (intentional murder); initial trial court conviction (life imprisonment), later set aside by High Court. |
| 316 | PPC | Qatl-i-Shibh-i-Amd (death by act not ordinarily likely to cause death but intended to harm); final upheld conviction (10 years + Diyat). |
| 315 | PPC | Defines Qatl-i-Shibh-i-Amd: intent to harm body/mind causing death via weapon/act not likely to kill in ordinary course. |
| 544-A | Code of Criminal Procedure, 1898 (Cr.P.C.) | Compensation to victim's heirs; trial court ordered Rs. 200,000 (+6 months default imprisonment). |
| 382-B | Cr.P.C. | Benefit extended by trial court (likely probation/suspension consideration). |
| 173 | Cr.P.C. | Challan/report submission by police; case file submitted on 13.08.2019. |
| 331 | PPC | Payment of Diyat; Supreme Court directed Rs. 2,055,936 in three equal installments over five years. |
| 342 | Cr.P.C. | Examination of accused; petitioner denied charges, claimed innocence. |
JUDGMENT