Arfan Akram vs State
This criminal petition arises from a conviction for the murder of Irshad Bibi, who was shot dead outside her home. The petitioner, the deceased's son-in-law, was convicted by the trial court under Section 302(b) of the Pakistan Penal Code 1860, with the sentence subsequently commuted to life imprisonment by the High Court. The core legal question was whether the prosecution had successfully proven the guilt of the accused beyond reasonable doubt, given the evidence presented, including eyewitness testimony and forensic reports. The Supreme Court examined the record, noting the prompt reporting of the incident, the reliability of the natural witnesses, and the positive forensic evidence linking the recovered weapon to the crime scene. The Court held that the prosecution had proven its case to the hilt, finding no grounds to interfere with the conviction. The judgment reinforces the principle that consistent, natural eyewitness testimony, corroborated by forensic evidence and the accused's unexplained abscondence, is sufficient to sustain a conviction in a murder case.
- Is the testimony of a natural witness who is an inmate of the crime scene sufficient to sustain a conviction?
- Does the recovery of a weapon wedded with forensic casing provide corroboration for a murder charge?
- Does the abscondence of an accused person militate against their defense during trial?
- Section 302(b), Pakistan Penal Code 1860
Qazi Muhammad Amin Ahmed, J.--Irshad Bibi, 62, was shot dead at 11:00 a.m. on 26.1.2009, outside the threshold of her home, located within the precincts of Police Station Tandlianwala, District Faisalabad by Irfan Akram, petitioner , no other than her son-in-law; incident was reported 11:45 p.m. at the spot by her son Shakil Ahmed (PW-7). It was alleged that armed with a 30 caliber pistol, the petitioner persuaded the deceased to sell her residential enclave to apportion the proce ed thereof with him; she declined the suggestion at the cost of her life.
Arrested on 27.10.2009, the petitioner pursuant to a disclosure led to the recovery of a .30 caliber pistol, found wedded with the casing secured from the spot, dispatched for forensic analysis earlier to his arrest. A learned Additional Sessions Judge vide judgment dated 3.2.2010 returned a guilty verdict; he was sentenced to death under clause (b) of Section 302 of the Pakistan Penal Code, 1860; altered by the High Court into imprisonment for life vide impugned judgment dated 2.11.2015, wires whereof are being assailed through a jail petition, filed with a delay of 23 days, condoned with a view to ensure safe administration of criminal justice.
2. We have examined the entire record with the assistance of the learned Law Officer to discover that the incident was reported with a remarkable promptitu de. Occurrence took place at 11:00 a.m, reported to the police 45 minutes thereafter; autopsy conducted at 5:00 p.m. cannot be viewed as delayed; durations mentioned therein synchronize with the point of time reflected in the crime report. Shakil Ahmed (PW-7), deceas ed's real son and inmate of the same premises is a natural witness by all standards; his evidence is duly corrobor ated by Munawar Hussain (PW- 8). On all the salient features of the case as well as details collateral therewith, we have found them consistent, straightforward and confidence inspiring; even otherwise, seemingly they do not have an axe to grind. On the contrary , petitioner being a brother-in-law could not be conceivably swapped as a scapegoat. Forensic reports are in the positive. Solitary fire shot is consistent with the weapon recovered and found wedded with the casing dispatched before arrest. Petitioner's absence from law for a considerable span of time heavily militates against the position taken by him during the trial; his wife Raheela Bibi, a common link with the deceased, was the best person to vindicate his position; she is conspicuous by her absence from the scene. Prosecution successfully drove home the charge to the hilt and we have not been able to find out any space to admit any hypothesis other than petitioner's guilt. Scales are in balance with wages conscionable in circumstances. Petition failes. Leave declined.