| Citation(s) |
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| 2026 SLG 1363 2026 SLD 1363 = 2026 SCP 59 = 2026 SCMR 1085 |
Supreme Court of Pakistan
JAIL PETITION NO.348 OF 2024 (On appeal against the judgment dated 18.1 1.2024, passed by the Lahore High Court, Lahore, in Criminal Appeal No.78388 of 2019 and Murder Reference No.306 of 2019)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mirza Abid Majeed, DPG, Punjab
JAIL PETITION NO.348 OF 2024 (On appeal against the judgment dated 18.1 1.2024, passed by the Lahore High Court, Lahore, in Criminal Appeal No.78388 of 2019 and Murder Reference No.306 of 2019)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mirza Abid Majeed, DPG, Punjab
Muhammad Mumtaz ...Petitioner
VERSUS
The State ...Respondent
Law: Pakistan Penal Code (PPC),1860
Section: 302(b),324,337-F(iii),337-F(vi) ,34
Law: Code of Criminal Procedure, 1898
Section: 544-A ,382-B,173 ,342
Summary The Supreme Court partly allowed the petitioner's appeal by upholding his conviction but commuting the death sentence to life imprisonment due to mitigating factors like advanced age and lack of premeditation. This 2026 judgment reviewed a 2015 double murder case in Sargodha, affirming reliable eyewitness and medical evidence while rejecting the prosecution's motive. Core Points Incident on 09.03.2015 involved petitioner Muhammad Mumtaz firing a 12-bore rifle, killing Mst. Khatoon Bibi and Mst. Batool Bibi, and injuring Qadar Yar during a neighborhood dispute over cattle. Eyewitnesses (complainant Muhammad Ramzan, Muhammad Akram, and injured Qadar Yar) provided consistent, natural testimony in broad daylight; their relation to victims strengthened credibility, not weakened it. FIR lodged promptly within one hour; medical evidence corroborated firearm injuries from a 12-bore weapon. No premeditation proven; motive (prior buffalo theft case) unestablished without evidence; co-accused role limited; petitioner now 76 years old. Trial Court (2019) and High Court (2024) upheld death sentence, but Supreme Court found life term sufficient for justice. Laws and Sections Section Offence/Provision Sentence Imposed (as upheld/commuted) 302(b) PPC Murder (two counts) Death commuted to life imprisonment (rigorous) on two counts 324 PPC Attempt to commit murder 7 years RI + Rs.50,000 fine (or 3 months SI default) 337-F(iii) PPC Shajjah (injury to Qadar Yar) 1 year RI + Rs.20,000 Daman 337-F(vi) PPC Further injury to Qadar Yar 3 years RI + Rs.20,000 Daman 34 PPC Common intention Conviction upheld (no separate sentence) 544-A CrPC Compensation to heirs Rs.400,000 total (Rs.200,000 per deceased) or 6 months SI default 382-B CrPC Probation benefit Extended 173 CrPC Challan submission Investigation completed 342 CrPC Accused statement Recorded at age ~70 JUDGMENT ISHTIAQ IBRAHIM, J.- On 09.03.2015 at 07.30 A.M, the complainant, Muhammad Ramzan (PW-2), along with his brother, Qadar Yar (PW.4), and his mother, Mst. Khatoon Bibi, was taking cattle out of his house, situated at Dera Sodhi Marri when in the meantime, Mst. Maryum Bibi, wife of Muhammad Mumtaz, the…