Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 34, 109

Law: Code of Criminal Procedure, 1898

Section: 544-A, 382-B, 342, 340(2)

 SUMMARY The High Court set aside the conviction of the appellant in a murder case under Pakistan Penal Code due to multiple material defects in the prosecution case, including unexplained delay in FIR and postmortem, unreliable and interested ocular witnesses, contradictions between medical and ocular evidence, and failure to prove motive. The Court held that the prosecution failed to establish guilt beyond reasonable doubt and extended the benefit of doubt to the accused, resulting in acquittal. TAG LINE “Unexplained delay, unreliable eyewitnesses, and contradiction between medical and ocular evidence are sufficient to create reasonable doubt—entitling the accused to acquittal.” ORDER; Sardar Akbar Ali. J:- Muhammad Asif (appellant) along with his co- accused namely Abu Sufyan alias Irfan and Muhammad Adeeb was tried by the learned Additional Sessions Judge, Zafarwal, District Narowal in a private complaint titled “Shahnaz Akhtar vs. Muhammad Asif, etc” under sections 302/ 34/ 109 PPC emanated from case FIR No.247/ 2017 dated 03.06.2017, offences under Sections 302/ 34 PPC registered at Police Station Zafarwal, District Narowal and vide judgment dated 25.07.2023 passed by the learned trial Court, co-accused namely Abu Sufyan alias Irfan and Muhammad Adeeb were acquitted of the charges whereas the appellant has been convicted and sentenced as under: “Convicted under Section 302(b) PPC and sentenced to imprisonment for life as Ta’zir for committing Qatl-e-Amd of Muhammad Yaqoob (deceased) with a further direction to pay Rs.1,500,000/- as compensation under Section 544-A, Cr.P.C. to the legal heirs of the deceased, if recovered and in default whereof to further undergo simple imprisonment for six months. He was also extended the benefit of section 382-B Cr.P.C.” Assailing the above-mentioned conviction and sentence, appellant Muhammad Asif filed the appeal in hand. The complainant also filed Crl. PSLA No.62880 of 2023 which has been dismissed on 29.10.2025 as having not been pressed on the request of learned counsel for the complainant. The facts of the case, as enumerated in paragraph No.03 of…