| Citation(s) |
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| 2026 SLG 1445 2026 SLD 1445 = 2026 SCP 72 |
Supreme Court of Pakistan
Jail Petition No.716 and Criminal Petition No.1475-L of 2017 (Against the judgment dated 20.09.2017, passed by the Lahore High Court, Lahore in Criminal Appeal No.1459 of 2014 and Murder Reference No.201 of 2014)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Rana Tassawar Ali Khan, Addl.PG Punjab
Jail Petition No.716 and Criminal Petition No.1475-L of 2017 (Against the judgment dated 20.09.2017, passed by the Lahore High Court, Lahore in Criminal Appeal No.1459 of 2014 and Murder Reference No.201 of 2014)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Rana Tassawar Ali Khan, Addl.PG Punjab
Jouhar Abbas Shah (in JP No.716/2017) Mukhtar Hussain Shah (in Criminal petition No.1475-L/2017) …Petitioner(s)
VERSUS
The State (in JP No.716/2017) The State & another (in Criminal petition No.1475/2017) …Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),302(c),324,337-L(2),337-F(ii)
Law: Code of Criminal Procedure, 1898
Section: 544-A, 173,342,382-B
Summary: The Supreme Court reviewed the 2012 night-time killing of Hassan Murtaza after competing versions: prosecution witnesses said the petitioner Jouhar Abbas Shah entered the complainant’s chobara and fatally stabbed the deceased while also injuring others; the petitioner claimed he found the deceased flagrante with his wife, chased him and, in sudden heat of passion, inflicted the fatal blows. Material facts (the deceased brought to post-mortem without shalwar, medical notes, and police admissions) corroborated aspects of the defence and undermined premeditation. The Court held the killing resulted from grave and sudden provocation, reclassified the conviction from murder with premeditation (section 302(b) PPC) to culpable homicide not amounting to murder (section 302(c) PPC), reduced the sentence to 20 years’ rigorous imprisonment (with previous damages and other convictions upheld), allowed concurrent terms, and dismissed the State’s enhancement petition as infructuous. Core points Incident: Night of 09.04.2012; chobara in village Nari; complainant Mukhtar Hussain and family sleeping. Allegation: Petitioner Jouhar Abbas Shah attacked deceased Hassan Murtaza with a knife (churri), killing him; two others (Syed Gohar Hussain, Mst. Umme Farwa) injured. FIR and charges: FIR No.45/2012 registered under sections 302, 324, 337-L(2), 337-F(ii) PPC. Trial court outcome: Convicted under section 302(b) PPC; death sentence (ta’zir) + compensation orders; additional convictions and sentences for causing injuries. High Court: Dismissed appeal; commuted death sentence to life imprisonment (20.09.2017 judgment). Defence version: Petitioner claimed he found deceased with petitioner’s wife (Sana Zahra), chased him in heat of passion; deceased fled without shalwar—submitted repeatedly and in s.342 statement. Material corroboration: Post-mortem and police witnesses confirmed deceased was without shalwar; medical examiners recorded injuries to the two intervening witnesses; absence of blood at other alleged injury spots raised doubts about prosecution narrative. Court’s assessment: Both sides suppressed facts; defence version…