Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 302(c), 324, 37-F(iii), 148, 149

Law: Code of Criminal Procedure, 1898

Section: 342, 382-B, 423, 510, 544-A

Law: Qanun-e-Shahadat Order, 1984

Section: 59. 164

Law: Punjab Forensic Science Agency Act, 2007

Section: 9(3)

Law: Electronic Transactions Ordinance, 2002

Section:

 Summary The appellants, Muhammad Azam and Azmat Naeem, challenged their convictions arising out of a private complaint concerning a double murder and injuries caused during a dispute over the construction of a partition wall. Upon reappraisal of the evidence, the High Court found the ocular account unreliable due to the doubtful presence of chance witnesses, contradictions with medical evidence, and false implication of acquitted co-accused. However, the Court treated the forensically authenticated video recording of the incident as primary electronic evidence under Article 164 of the Qanun-e-Shahadat Order, 1984, describing it as a "silent witness." The video established that Muhammad Azam fired a single shot during a struggle over the weapon, negating the intention required for murder under Section 302(b) PPC. His conviction was altered from Section 302(b) PPC to Section 302(c) PPC, and his sentence was reduced to 15 years' rigorous imprisonment. As regards Azmat Naeem, neither the video nor other reliable evidence established his participation beyond reasonable doubt; therefore, he was acquitted by extending the benefit of doubt. The complainant's revision seeking enhancement of sentence was dismissed. Tagline Forensically authenticated video evidence, as a "silent witness," prevailed over unreliable ocular testimony; conviction altered from Section 302(b) to 302(c) PPC due to lack of intention, while co-accused was acquitted on benefit of doubt. ORDER; Muhammad Tariq Nadeem. J:- Muhammad Azam and Azmat Naeem appellants along with Umar Hayat, Muhammad Aslam, Mst. Kaneez Bibi, Mst. Shahnaz Bibi, Muhammad Adnan @ Mani, Irfan Mushtaq and Yasir co-accused, were tried by learned Sessions Judge, Mandi Bahauddin, in a private complaint bearing Sessions Case No.96 of 2019 and Sessions Trial No.19 of 2021, for the offences under sections 302, 324, 337F(iii), 148, 149 PPC, Police Station Malakwal, District Mandi Bahauddin, and after conclusion of trial in the said case, vide judgment dated 27.06.2022, the trial court while acquitting Umar Hayat, Muhammad Aslam, Mst. Kaneez Bibi, Mst. Shahnaz Bibi, Muhammad Adnan @ Mani, Irfan Mushtaq…