Supreme Court of Pakistan

Muhammad Imran v. The State and another; Muhammad Fayyaz v. The State through Prosecutor General Punjab and others

Published on this website

Criminal Petitions No. 1381 and 1395 of 2018

Citation: Not approved for reporting; no reported citation stated

Pakistan | Pakistan Penal Code, 1860 | Sections 302(b) and 302(c)Pakistan | Code of Criminal Procedure, 1898 | Sections 22-A, 340(2), 342 and 544-APakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 185(3)

Case summary

The judgment in brief

The Supreme Court maintained a murder conviction where related eyewitnesses were natural, consistent and promptly reported the occurrence, while medical, ballistic and circumstantial evidence corroborated their account.

Question of law

Whether a murder conviction could be sustained on testimony of the deceased's brothers where they were natural witnesses, the FIR was prompt and medical, ballistic and circumstantial evidence corroborated them; whether a belated accidental-firing defence was credible; and whether the sentence should be reduced or enhanced.

Court holding

What the Court decided

Relationship with the deceased did not diminish the reliable testimony of natural eyewitnesses who knew the accused, promptly reported the daylight occurrence and withstood cross-examination. Medical evidence, the recovered .30-bore pistol, matching crime empty and surrounding circumstances corroborated them. The assault and accidental-firing defence was a belated afterthought unsupported by contemporaneous records. Intentional firing at the abdomen attracted section 302(b), while the unintended identity of the deceased remained a valid mitigating factor for life imprisonment.

Result

Outcome and directions

Both criminal petitions were dismissed and leave was refused. Muhammad Imran's conviction under section 302(b) and life sentence were maintained, while the complainant's request to enhance the sentence to death was rejected.

Practical effect

What the decision means in practice

Both criminal petitions were dismissed and leave was refused. Muhammad Imran's conviction under section 302(b) and life sentence were maintained, while the complainant's request to enhance the sentence to death was rejected.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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Precedent record

Authority and later treatment

Publication
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Later treatment
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