ABDUL JABBAR vs State — 2026 SCMR 709 SUPREME-COURT

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ABDUL JABBAR VS State. Ss.302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Reappraisal of evidence. Accused was convicted by Trial Court for committing qatl-i-amd and was sentenced to death. High Court maintained conviction and altered death sentence into imprisonment for life. Validity. Accused was charged for committing murder of son of complainant and also causing firearm injuries to his other two sons. Incident took place in broad daylight and there was no question of misidentification as parties knew each other and belonged to same area/village. Manner and method in which petitioner-accused killed deceased did not warrant any interference, as ocular evidence was fully supported by medical evidence. Trial Court examined as many as 16 witnesses and no major contradiction or inconsistency which could put dent in prosecution case had been pointed out by petitioner-accused. Motive had not been satisfactorily proved by prosecution and benefit of not proving same had rightly been given to petitioner-accused. Recovery of 30-bore pistol had also not been satisfactorily proved by prosecution, since incident took place on 31.05.2009 whereas petitioner-accused was arrested as per jail roll on 23.02.2012 and during said period remained proclaimed offender. Recovery of pistol after substantial period had rightly been disbelieved by High Court. Apart from motive and recovery of pistol, other aspects had satisfactorily been proved by prosecution. Ocular evidence supported medical evidence and depositions of witnesses remained unshattered and beyond shadow of doubt. In case of non-proving of motive, case is always considered to be that of life imprisonment and not capital punishment. High Court rightly converted death sentence awarded by Trial Court into imprisonment for life. Petition was dismissed and leave was refused accordingly.

ABDUL JABBAR vs State — 2026 SCMR 709 SUPREME-COURT

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