Lahore High Court Converts Death Sentence to Life Imprisonment of Main Accused and acquitted both co-accused   due to discrepancies in Evidence

Islamabad 19-02-2025: The Lahore High Court (LHC) has partially allowed an appeal in [Murder Reference No. 412 of 2019], converting the death sentence of main accused to life imprisonment, while acquitting two co-accused, due to insufficient evidence. The judgment, authored by Ms. Chief Justice Aalia Neelum and Mr. Justice Asjad Javaid Ghural, reaffirmed the principles of ocular evidence, forensic authentication, and benefit of doubt in criminal cases.

The case originated from [FIR No. 447/2017], registered at Police Station Saddar Jhelum under Sections 302, 324, 109, and 34 of the Pakistan Penal Code (PPC). The Complainant, (PW-15), alleged that the main accused and co-accused ambushed and fatally shot his nephew, while eyewitness (PW-16) sustained serious injuries. The prosecution linked the murder to a prior enmity, wherein main accused sought revenge for the killing of his father.

The Additional Sessions Judge, Jhelum vide his judgment dated 28-06-2019 convicted and sentenced the main accused with death penalty under Section 302(b) PPC and 7 years rigorous imprisonment (RI) under Section 324 PPC.  Whereas the co-accused were sentenced with life imprisonment under Section 302(b)/34 PPC and 7 years RI under Section 324 PPC.  

Challenging the conviction, the Appellants argued flaws in prosecution evidence, reliance on inconsistent witness testimonies, and inadmissibility of forensic and CCTV evidence.

The Court upheld the eyewitness testimonies of PW-15, PW-16, and PW-17, which were consistent, detailed, and supported by medical evidence. The post-mortem report confirmed gunshot wounds matching prosecution claims, reinforcing the credibility of the prosecution’s case.

The defense had relied on CCTV footage from Maqbool Check Post to claim an alibi for the accused, arguing that they were not at the crime scene at the relevant time. However, the Court ruled the footage inadmissible due to lack of authentication.  

The defense contended that an 8-hour delay in conducting the post-mortem indicated an attempt to fabricate evidence. However, the Court dismissed this claim, citing administrative reasons and ruling that delay alone does not weaken strong prosecution evidence.   

The Court found insufficient evidence against co-accused, noting:  

1. Eyewitnesses improved their statements regarding their role.   
2. No forensic evidence linked them to the crime scene.  
3. Their connection to the motive was weak.  
4. In light of these discrepancies, the Court acquitted them on the principle of benefit of doubt.  
5. Mir Muhammad alias Miro Vs. The State (2009 SCMR 1188): Doubt, even slight, must favor the accused.

The Court converted main accused’s death sentence to life imprisonment, holding that:  

1. Two co-accused were acquitted, weakening the prosecution’s case.  
2. Sentence in capital cases must be awarded with extreme caution.  
3. Mir Muhammad alias Miro Vs. The State (2009 SCMR 1188): Sentencing should be fair and proportionate.  

Final Verdict:

1. Appeal of co-accused allowed.  
2. Their convictions set aside, and bail bonds discharged.  
3. Appeal of main accused dismissed with modification:   
4. Death sentence converted to life imprisonment.   
5. Conviction under Section 324 PPC & compensation under Section 544-A Cr.P.C. upheld.  
6. Benefit of Section 382-B Cr.P.C. extended.

[Murder Reference No. 412 of 2019] answered in the NEGATIVE, rejecting confirmation of the death sentence.

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