| Citation(s) |
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| 2026 SLG 1320 2026 SLD 1320 = 2026 SCP 15 = 2026 SCMR 476 |
JP No.11/2025 (Against the judgment dated 28.01.2025 passed by Lahore High Court, Lahore in Crl. A No.24453/2021 and MR No.74/2021)
Justice Irfan Saadat Khan Justice Naeem Akhter Afghan Justice Malik Shahzad Ahmad Khan
Mr. Sagheer Ahmed Qadri, ASC
Ibrar …Petitioner(s)
VERSUS
The State …Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),324
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B
Summary
In this petition converted into an appeal, the Supreme Court upheld the petitioner's conviction under section 302(b) PPC for murdering his wife, Mst. Zeenat Bibi, during a matrimonial dispute at her parents' house, supported by eyewitness testimonies and medical evidence. The death sentence was reduced to life imprisonment due to mitigating factors like questionable recovery of the pistol and delayed forensic analysis of crime empties. Conviction under section 324 PPC for assaulting the father was also upheld, along with compensation under section 544-A Cr.P.C., with sentences running concurrently and benefit under section 382-B Cr.P.C. extended.
Core Points
- Petitioner convicted by trial court for murder (302(b) PPC, death sentence) and assault (324 PPC, 7 years RI) in FIR No.77/2020; appeal dismissed and death confirmed by Lahore High Court.
- Prosecution case: Petitioner entered in-laws' house armed with .30 bore pistol, shot wife in head (fatal on 24.02.2020) and injured father (complainant Asghar Ali, PW-1); motive was matrimonial discord.
- Evidence upheld: Reliable testimony of injured PW-1 and PW-3 (brother), corroborated by post-mortem and medico-legal reports.
- Mitigating circumstances: No independent witness for pistol recovery post-arrest (02.02.2020); 37-day delay in sending crime empties (recovered 18.01.2020, sent 25.02.2020) rendered firearm report inconsequential.
- Outcome: Death sentence commuted to life imprisonment under 302(b); 324 PPC conviction, Rs.200,000 compensation (with 6 months SI default), and concurrent sentences maintained.
Laws and Sections
| Section | Description | Application/Outcome |
|---|---|---|
| 302(b) PPC | Murder (non-Qatl-i-Amd liable to death or life imprisonment) | Conviction upheld; death sentence reduced to life imprisonment |
| 324 PPC | Attempt to commit murder using lethal weapon | Conviction and 7 years RI (with 6 months SI default) upheld |
| 544-A Cr.P.C. | Compensation to legal heirs of deceased | Rs.200,000 ordered, upheld with 6 months SI default |
| 382-B Cr.P.C. | Benefit for time spent in custody | Extended in petitioner's favor |
| .30 bore pistol & empties | Recovery and firearm expert report | Held inconsequential due to delays and lack of independent witnesses |
O R D E R
Naeem Akhter Afghan, J: The petitioner was convicted under section 302(b) of Pakistan Penal Code (PPC) in case/FIR No.77/2020 dated 18.01.2020 Police Station (PS) Aroop, District Gujranwala by the learned Additional Sessions Judge, Gujranwala (the trial court) vide judgment dated 25.03.2021 and was sentenced to death for committing murder of his wife Mst. Zeenat Bibi in the house of her parents, to pay compensation of Rs.200000/- to the legal heirs of the deceased under section 544-A of the Code of Criminal Procedure (Cr.P.C) and in default to further suffer 06 months Simple Imprisonment (S.I). He was also convicted under section 324 PPC and awarded Rigorous Imprisonment (R.I) for 07 years for committing murderous assault upon the complainant Asghar Ali (father of the deceased) and in default to further suffer 06 months S.I.