SHAHZAD LIAQAT vs State — 2026 SCMR 466 SUPREME-COURT

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SHAHZAD LIAQAT VS State. Section 302(b), Pakistan Penal Code, 1860---Criminal Procedure Code (V of 1898), Section 342---Qatl-i-amd---Reappraisal of evidence---Specific defence plea taken by accused not proved---Scope. Accused-appellant was charged for committing murder of son of complainant by firing. Accused asserted that on the day of occurrence his shop was closed and certain persons were cleaning a pistol in front of his shop when it accidentally discharged, hitting deceased. He further claimed that he, along with his relatives, shifted deceased in injured condition to hospital on a motorcycle to save his life but was falsely implicated by complainant. In support of his plea, appellant appeared as his own witness under Section 340(2), Cr.P.C. and produced three defence witnesses. Held: Although defence witnesses attempted to corroborate the version of appellant, none of them ever approached or appeared before the Investigating Officer during investigation to advance or support the defence stance. Neither appellant nor defence witnesses moved any application before senior police authorities or any competent Court for recording or preservation of their version during pendency of investigation. The belated attempt to introduce a defence story only at trial stage, without any contemporaneous assertion supported by solid evidence, was insufficient to discard trustworthy and confidence inspiring prosecution evidence. The defence plea was also contradicted by site plan. At Point No.1, deceased had received injury and blood was recovered. Point No.1 was situated inside the shuttered portion of appellant's shop, which clearly negated the claim that shop was closed at the relevant time. High Court rightly discarded the defence plea as an afterthought and devoid of merit. However, due to peculiar facts and circumstances, the case of appellant-convict fell within Exception 4 to the erstwhile Section 300, P.P.C. and sentence of life imprisonment was reduced to twenty years imprisonment. Appeal was partly allowed.

SHAHZAD LIAQAT vs State — 2026 SCMR 466 SUPREME-COURT

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