IBRAR vs State — 2026 SCMR 476 SUPREME-COURT

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IBRAR VS State. Sections 302(b) & 324, Pakistan Penal Code, 1860---Qatl-i-amd, attempt to commit qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Scope. Accused-appellant was charged for committing murder of his wife, daughter of complainant, by firing and causing firearm injury to complainant. Trial Court convicted accused under Section 302(b), P.P.C. and sentenced him to death. Appeal filed by accused against conviction and sentence was dismissed by High Court. Held: Record showed that prosecution had proved the charge against petitioner under Section 302(b), P.P.C. through the unshaken and confidence inspiring testimony of injured witness/complainant, which was duly supported by statement of his brother and corroborated by medico-legal evidence including post-mortem report of deceased and Medico-Legal Certificate of injured person. With regard to quantum of sentence, it was observed that according to prosecution, petitioner was arrested on 29.01.2020 whereafter he led to recovery of .30 bore pistol with two live cartridges on 02.02.2020, which was allegedly buried under a tree in a graveyard. However, no independent witness had attested the alleged recovery. Moreover, four crime empties allegedly recovered from the place of occurrence on 18.01.2020 were sent to Firearm Expert for analysis on 25.02.2020, after arrest of petitioner and after unexplained delay of 37 days. Investigating Officer failed to assign any convincing or cogent reason for such delay. Although crime empties matched with the recovered pistol, since the same were dispatched to expert on a date subsequent to arrest of petitioner, such evidence lost its significance and evidentiary value. The recovery of pistol and positive report of Firearm Expert were held inconsequential and of no legal benefit to prosecution. Such circumstances constituted mitigating circumstances sufficient to decline death penalty and award imprisonment for life. Death sentence was converted into imprisonment for life. Petition was converted into appeal and partly allowed.

IBRAR vs State — 2026 SCMR 476 SUPREME-COURT

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