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Delays in the Post-Mortem and Private Complaint filing, Contradictions in Witness Testimonies, and Discrepancies in Medical and Site Plan Evidence --- Lahore High Court Acquits Murder Convict

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Delays in the Post-Mortem and Private Complaint filing, Contradictions in Witness Testimonies, and Discrepancies in Medical and Site Plan Evidence --- Lahore High Court Acquits Murder Convict

Islamabad 09-12-2024: In a significant development, the Lahore High Court has overturned the conviction of Muhammad Nawaz, who had been sentenced to life imprisonment under Section 302(b) of the Pakistan Penal Code (PPC) for the murder of Salman Ali. The Court, while delivering its verdict in [Criminal Appeal No. 83167 of 2023], cited unreliable prosecution evidence and procedural lapses as the primary reasons for the acquittal.

The case arose from an incident on November 21, 2021, when Salman Ali was fatally shot and another individual, Muratab Ali, sustained injuries during a dispute over agricultural land irrigation in Mouza Lakhaodair. The trial Court had convicted Nawaz while acquitting his co-accused, Muhammad Talal, based on the benefit of the doubt.

The Court noted a nine-hour delay in the post-mortem examination and a five-month delay in filing the private complaint, raising concerns of possible evidence fabrication.

The eyewitnesses, Sharafat Ali and Muratab Ali, failed to convincingly establish their presence at the crime scene. The Court highlighted contradictions in their statements and dishonest improvements to earlier testimonies.

Discrepancies between medical evidence and the prosecution’s narrative further weakened the case. The alleged timing and nature of injuries did not align with the post-mortem report.

The Court observed that the site plan undermined the prosecution’s claim that the accused diverted water to the complainant’s fields. It revealed that the disputed land was neither owned nor cultivated by the complainant party.

Nawaz had pleaded self-defense, claiming injuries inflicted by the deceased and his companions. The defense argued that the prosecution suppressed material facts and misrepresented the incident.

Muhammad Nawaz was acquitted on grounds of insufficient evidence and the prosecution’s failure to prove its case beyond a reasonable doubt. The revision petition seeking enhancement of his sentence to death was dismissed. The Court upheld the acquittal of co-accused Muhammad Talal, citing a lack of evidence.