| Citation(s) |
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| 2026 SLG 1405 2026 SLD 1405 = 2026 SCP 67 = 2026 SCMR 1323 |
Supreme Court of Pakistan
JAIL PETITION NO.217 & CRIMINAL PETITION NO.305-L OF 2018 (On appeal against the judgment dated 22.02.2018, passed by the Lahore High Court, Lahore in Criminal Appeal No.1868 of 2015 and Murder Reference No.355 of 2015).
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Ch. Mustafa, DPG, Punjab (in both cases)
JAIL PETITION NO.217 & CRIMINAL PETITION NO.305-L OF 2018 (On appeal against the judgment dated 22.02.2018, passed by the Lahore High Court, Lahore in Criminal Appeal No.1868 of 2015 and Murder Reference No.355 of 2015).
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Ch. Mustafa, DPG, Punjab (in both cases)
Muhammad Nadeem (in JP No.217/2018) Muhammad Imran (in Criminal Petition No.305-L/2018) �Petitioner(s)
VERSUS
The State and another (in both matters). �Respondent(s)
Law: Pakistan Penal Code (PPC),1860
Section: 302(b),302, 109, 34
Law: Code of Criminal Procedure, 1898
Section: 544-A,342
Summary In this murder case (FIR No. 334/2012 under Sections 302, 109, 34 PPC), Muhammad Nadeem was convicted by the trial court for killing his paternal aunt Mst. Kalsoom Bibi and sentenced to death (later commuted to life by the High Court). The Supreme Court acquitted him on appeal, finding the prosecution's ocular evidence from chance witnesses unreliable due to improbable presence, unnatural conduct, contradictions, and lack of corroboration. Multiple investigations confirmed Nadeem was in Lahore at the time, with his father Akhtar Ali (deceased) as the actual perpetrator, entitling Nadeem to the benefit of doubt. Core Points Incident Details: On 21.09.2012 at 11:30 a.m. in Chak No. 681/22-GBN, Mst. Kalsoom Bibi was shot dead with a 12-bore rifle near her house during a property dispute; complainant Muhammad Imran (her son) alleged Nadeem fired on instigation by his parents (Akhtar Ali and Mst. Azra Parveen). Trial Outcome: Trial court acquitted co-accused but convicted Nadeem under Section 302(b) PPC with death sentence plus Rs. 200,000 compensation; High Court upheld conviction but commuted to life imprisonment. Eyewitness Issues: Complainant (PW-6) and brother Shahzad (PW-7) were chance witnesses (mechanics/laborers unlikely at spot during work hours); no plausible explanation for presence, unnatural inaction during shooting, contradictions, 2-hour reporting delay, and no independent corroboration. Investigation Findings: IO Muhammad Idrees (CW-2) and DSP Ghiyas-ud-Din (CW-4) confirmed Nadeem was on duty at Sarhad Hotel, Lahore; villagers implicated only Akhtar Ali; successive probes verified by DSPs and IG Punjab cleared Nadeem. Supreme Court Ruling: Acquitted Nadeem (Jail Petition 217/2018 converted to appeal and allowed); dismissed enhancement petition (Criminal Petition 305-L/2018) as infructuous; benefit of doubt due to weak prosecution evidence and consistent investigative exoneration. Laws and Sections Law/Section Context/Role in Case Section 302(b), PPC Conviction for murder (single effective shot); death/life sentence; commuted by High Court, set aside by Supreme Court. Sections 302, 109, 34, PPC Original FIR charges: 302 (murder), 109…