| Citation(s) |
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| 2026 SLG 1404 2026 SLD 1404 = 2026 SCP 66 |
Supreme Court of Pakistan
J.Ps No.448 & 557 of 2023 and Criminal Petition No.1080-L of 2023 (Against the judgment dated 25.09.2023, passed by the Lahore High Court, Lahore in Criminal Appeal No.41189 of 2019 and Murder Reference No.170 of 2019
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mr. Shahid Azeem, ASC (in Crl.P. No.1080-L/2023)
J.Ps No.448 & 557 of 2023 and Criminal Petition No.1080-L of 2023 (Against the judgment dated 25.09.2023, passed by the Lahore High Court, Lahore in Criminal Appeal No.41189 of 2019 and Murder Reference No.170 of 2019
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mr. Shahid Azeem, ASC (in Crl.P. No.1080-L/2023)
Zulfiqar Ali alias Pappu (in JP No.448/2023) Rab Nawaz (in JP No.557/2023 Muhammad Bashir (in Crl.P. No.1080-L/2023) …Petitioner(s)
VERSUS
The State and another (in JPs No.448 & 557 of 2023) Zulfiqar Ali etc (in Crl.P. No.1080-L/2023) …Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),148 , 149
Law: Code of Criminal Procedure, 1898
Section: 382-B
Summary In this Supreme Court judgment, petitioners Zulfiqar Ali alias Pappu and Rab Nawaz challenged their convictions for the 2013 murder of Muhammad Ashraf and Muhammad Sarwar under Sections 302, 148, and 149 PPC. The Court upheld Zulfiqar Ali's conviction and life sentence based on reliable eyewitness and medical evidence attributing effective firing to him, but acquitted Rab Nawaz due to lack of medical corroboration for his role. The complainant's petition for death penalty enhancement was dismissed, citing non-proof of motive and inconsequential recovery as mitigating factors. Core Points Incident Details: On 06.12.2013, accused including Zulfiqar (12-bore pump action gun), Rab Nawaz (.30-bore pistol), and others fired at victims Muhammad Sarwar and Muhammad Ashraf near Kot Fazal, Okara, killing them on the spot; eyewitnesses were complainant Muhammad Bashir (PW-1) and Muhammad Nazir (PW-2). Trial Court Outcome (13.06.2019): Convicted Zulfiqar (death), Rab Nawaz (life), and Shoukat Ali; acquitted Iftikhar, Sajjad, Abdul Razzaq, and Mst. Zohran Bibi. High Court Ruling (25.09.2023): Upheld convictions but commuted Zulfiqar's death sentence to life; acquitted Shoukat Ali on compromise. Supreme Court Decision: Dismissed Zulfiqar's jail petition (upheld life sentence); allowed Rab Nawaz's petition, acquitted him for insufficient evidence; rejected sentence enhancement due to mitigating factors like unproven motive. Evidence Analysis: Zulfiqar's role corroborated by medical evidence (post-mortems by Dr. Ozair Tahir and Dr. Umair Qamar Usmani); Rab Nawaz's alleged pistol shot not supported by forensics or cause of death. Motive: Grudge over forcing reconciliation of Mst. Rasoolan Bibi with her husband, but not proven. Laws and Sections Law/Section Description/Context in Case Section 302(b) PPC Conviction for murder (ta'zir); Zulfiqar sentenced to life, Rab Nawaz initially life (later acquitted). Section 148 PPC Punishment for rioting armed with deadly weapons; part of FIR and charges. Section 149 PPC Unlawful assembly; part of FIR and charges. Section 382-B CrPC Probation benefit extended to Rab Nawaz by trial court. Punjab…