| Citation(s) |
|---|
| 2026 SLD 3557 |
Crl. Appeal No.25868-J of 2021 Crl. Rev. No.25867 of 2021
Presented By: (AALIA NEELUM) CHIEF JUSTICE
Date of hearing: 12.05.2026. Appellant by: Mr. Anis Khan Sherwani, Advocate. Syed Hassan Mehdi Rizvi, Advocate (Defence Counsel). State by: Mr. Muhammad Akhlaq, Additional Prosecutor General with Javed A.S.I. Complainant by: Ch. Umar Hayat Kamran Rajoka, Advocate.
(Bilal Ahmad
VERSUS
The State.) (Waris Ali. versus Bilal Ahmad, etc.)
Law: Pakistan Penal Code (PPC),1860
Section: 302, 404
Law: Code of Criminal Procedure, 1898
Section: 173, 342, 340(2), 382-B, 544-A
Law: Qanun-e-Shahadat Order, 1984
Section: 22
Tagline
Contradictory ocular evidence, doubtful presence of eyewitnesses, unexplained delay in FIR and postmortem, and unreliable recovery entitled the accused to benefit of doubt resulting in acquittal.
Summary
The appellant Bilal Ahmad was convicted by the trial court for the murder of Allah Yar and sentenced to life imprisonment. According to the prosecution, after a quarrel over duty, the complainant and two witnesses allegedly settled the dispute between the deceased and the appellant. Later, the appellant allegedly opened fire with an 8mm rifle, killing Allah Yar and taking away his licensed pistol.
The Lahore High Court found numerous material defects in the prosecution case. The Court observed serious contradictions regarding the timing of FIR, arrival of police, presence of eyewitnesses, shifting of the dead body, recovery of weapons, and preparation of investigation documents. The alleged eyewitnesses were held to be chance witnesses whose presence at the crime scene was not satisfactorily established. The prosecution also failed to produce objective evidence such as mobile phone records (CDRs) to support the alleged telephonic calls that brought the witnesses to the scene.