| Citation(s) |
|---|
| 2026 SLG 1325 2026 SLD 1325 = 2026 SCP 20 |
Jail Petition No.639/2021& Criminal Petition No. 240-L/2022 (On appeal against the judgment dated 01.12.2021, passed by the Lahore High Court, Lahore in Criminal Appeal No.46468 of 2017)
MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mr. Basharat Ullah, ASC
Muhammad Riaz and 5 others (in J.P.No.639/2021) Nasir Javaid (in Crl.P.L.A.No.240-L/2022) …Petitioner(s)
VERSUS
The State (in J.P.No.639/2021) Muhammad Riaz, etc (in Crl.P.L.A No.240-L/2022) …Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),324,337-F(vi),148,427,149
Law: Anti-Terrorism Act, 1997
Section: 7(a),21-L
Law: Code of Criminal Procedure, 1898
Section: 544-A,382-B
Summary
The Supreme Court of Pakistan dismissed the jail petition filed by seven convicts challenging their convictions for the January 11, 2014, ambush near Mustafabad Toll Plaza, Kasur, where they fired on victims' vehicles, killing five (Masood Ahmad Bhatti, Babar Sarfaraz, Khalid Bashir, Ameer Ali, Zia Ullah) and injuring others amid a revenge motive linked to prior murders. The Lahore High Court had upheld convictions under PPC sections but commuted death sentences to life imprisonment on four counts under Section 302(b) PPC, acquitted one petitioner and three co-accused, and set aside ATA convictions. The Court affirmed the High Court's findings based on consistent eyewitness testimonies, medical evidence, prompt FIR, and recovery of numerous empties, finding no grounds for interference despite unproven motive and inconsequential recoveries, while also dismissing the complainant's petition for death penalty enhancement.
Core Points
- Incident Details: Attack at 5:00 p.m. on GT Road near Mustafabad Toll Plaza; assailants in cars and motorcycles intercepted victims heading to a Milad gathering, opened indiscriminate fire on Vigo Dala and others, killing five instantly and injuring two.
- Prosecution Evidence: Prompt FIR by eyewitness Nasir Javed (PW-13) naming all convicts with specific roles; consistent testimonies from PW-13 and PW-14 (Umer Farooq); medical reports showing multiple fatal firearm wounds; 700+ empties recovered matching multiple shooters.
- Court Proceedings: ATC-I convicted petitioners to death/multiple sentences (2017); LHC partially allowed appeal, acquitted one petitioner and three co-accused, set aside ATA convictions, commuted 302(b) PPC death to life imprisonment, upheld other sentences (2021).
- Key Rulings Upheld: Eyewitness presence credible despite no injuries (citing PLJ 2006 SC 177, 2021 SCMR 1614); time of occurrence at 5:00 p.m. confirmed via exhibits, ruling out identification issues; PW-15 discarded; motive unproven but not fatal to case.
- Supreme Court Outcome: No illegality in LHC judgment; petitions dismissed, convictions/sentences maintained, benefit of Section 382-B CrPC extended.
Laws and Sections
| Law/Act | Section | Offence/Outcome |
|---|---|---|
| Pakistan Penal Code, 1860 (PPC) | 302(b) | Murder; conviction upheld, death commuted to life imprisonment on four counts each; Rs. 300,000 compensation per deceased. |
| Pakistan Penal Code, 1860 (PPC) | 324 | Attempt to commit culpable homicide; 7 years RI + Rs. 50,000 fine upheld. |
| Pakistan Penal Code, 1860 (PPC) | 337-F(vi) | Injury with firearm; 7 years RI + Rs. 50,000 to Yaqoob's heirs upheld. |
| Pakistan Penal Code, 1860 (PPC) | 148 | Rioting armed with deadly weapon; 3 years RI + Rs. 10,000 fine upheld. |
| Pakistan Penal Code, 1860 (PPC) | 427 | Mischief causing damage; 2 years RI + Rs. 10,000 fine upheld. |
| Pakistan Penal Code, 1860 (PPC) | 149 | Unlawful assembly (implied in charges) |
| Anti-Terrorism Act, 1997 (ATA) | 7(a) | Terrorist act; conviction and death sentence set aside by LHC. |
| Anti-Terrorism Act, 1997 (ATA) | 21-L | (Implied in charges; handled with 7(a)) |
| Code of Criminal Procedure, 1898 (CrPC) | 544-A | Compensation to victims' heirs; upheld with defaults to SI. |
| Code of Criminal Procedure, 1898 (CrPC) | 382-B | Benefit of doubt extended. |
JUDGMENT