Lahore High Court Overturned Death Sentence and Acquitted the Accused Person due to Multiple Inconsistencies

Islamabad 03-04-2025: The Lahore High Court has overturned the conviction of accused person, previously sentenced to death for the 2014 murder of deceased. The decision comes after a detailed examination of evidence, inconsistencies in witness testimonies, and procedural lapses, raising doubts about the prosecution’s case.

The accused person, along with co-accused, was charged in FIR No. 275/2014, registered at Police Station City Tandlianwala, Faisalabad, under Sections 302/34 of the Pakistan Penal Code (PPC). The prosecution alleged that on May 6, 2014, the accused attacked deceased over a monetary dispute, leading to his death.

In November 2021, the Additional Sessions Judge, Tandlianwala, acquitted co-accused persons but convicted main accused person under Section 302(b) PPC, sentencing him to death and ordering a compensation payment of Rs. 100,000 to the victim’s heirs under Section 544-A Cr.P.C.

The main accused person appealed his conviction, while the complainant, challenged the acquittal of the co-accused. The case was subsequently reviewed by the Lahore High Court. 

After reviewing the evidence, the Lahore High Court identified critical weaknesses in the prosecution’s case:

1. The Court noted inconsistencies in the lodging of the FIR, raising concerns about possible fabrication of evidence.
2. The prosecution failed to produce the computer operator who drafted the FIR, leaving its authenticity questionable.
3. The primary witnesses (PW-1) and (PW-2), were related to the deceased and were categorized as “chance witnesses,” failing to establish their presence at the crime scene.
4. Their testimonies conflicted with the site plan, which indicated that the alleged shooting took place inside the accused’s house rather than an open field as claimed.
5. The Court observed that the trial Court acquitted the co-accused while convicting the main accused person based on the same set of evidence, which is inconsistent with legal precedents.
6. It emphasized that if witnesses are unreliable for one accused, they cannot be used to convict another.
7. The medical report stated that the victim’s gunshot wound exhibited burning marks, suggesting close-range firing.
8. However, according to the site plan, the alleged firing distance was 16 feet, contradicting forensic findings.
9. An eyewitness mentioned in the FIR, was not produced before the Court.
10. The prosecution’s failure to present him led the Court to draw an adverse inference under Article 129(g) of the Qanoon-e-Shahadat Order, 1984.

Given these discrepancies, the Lahore High Court ruled that the prosecution failed to prove its case beyond reasonable doubt. Following the principles of benefit of the doubt, the Court acquitted the main accused person and set aside his death sentence.

This verdict underscores the importance of consistent evidence and due process in criminal trials, reaffirming the legal principle that an accused cannot be convicted on weak and unreliable testimonies.

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