| Citation(s) |
|---|
| 2026 SLG 803 2026 SLD 803 = 2026 LHC 1649 |
Murder Reference No.250 of 2022 , Crl. Appeal No.40664-J of 2022, Crl. Appeal No.40665-J of 2022
Presented By: (Abher Gul Khan)Judge (Aalia Neelum) Chief Justice
Date of hearing: 09.03.2026. Appellants by: Mr. Muhammad Ahsan Bhoon, Advocate for the appellants. State by: Mr. Muhammad Akhlaq, Additional Prosecutor General. Complainant by: M/s Muhammad Abid Saqi and Rana Shujaa Farooq, Advocates.
(The State
VERSUS
Haroon, etc), (Kashif alias Kashi versus The State, etc.), (Haroon versus The State, etc.)
Law: Pakistan Penal Code (PPC),1860
Section: 302(b),109,148, 149
Law: Code of Criminal Procedure, 1898
Section: 173, 342, 340(2), 544-A
Law: Qanun-e-Shahadat Order, 1984
Section: 129(g)
Summary
The appellants, Kashif alias Kashi and Haroon, were convicted by the trial court under Section 302(b) PPC and sentenced to death for the murder of two persons. The case was based on ocular evidence, alleged motive, and recovery of weapons.
On appeal, the High Court found serious contradictions, inconsistencies, and procedural defects in the prosecution case, including:
- Unexplained delay in FIR, suggesting deliberation and fabrication
- Contradictory statements of eyewitnesses regarding occurrence and sequence
- Conflict between ocular and medical evidence (timing of death, postmortem discrepancies)
- Pre-FIR investigation indications, undermining spontaneity of FIR
- Failure to prove motive
- Doubtful recoveries and defective forensic linkage (bullet not sent for comparison)
- Non-corroboration by independent witnesses despite availability
The Court held that the prosecution failed to prove the case beyond reasonable doubt, extended benefit of doubt, set aside conviction, and acquitted the appellants. Death reference was also answered in negative.