Sitting Panel: Sh. Riaz Ahmed, Rashid Aziz Khan and Iftikhar Muhammad Chaudhry, JJ ¹

Summary:

This case involves an appeal filed by Muhammad Mushtaq against the judgment of the Lahore High Court, Rawalpindi Bench, which confirmed his conviction and death sentence under Section 302, P.P.C., along with convictions under Sections 307 and 436, P.P.C.2. The Supreme Court had granted leave to appeal for a reappraisal of the entire evidence. The prosecution’s case relied on ocular testimony from the complainant and another witness, which remained unshaken during lengthy cross-examination3. This testimony was further corroborated by medical evidence and the recovery of eight crime empties from the scene, as well as the licensed gun presented by the accused himself at the police station4. The Court found that a delay in sending incriminating articles to the laboratory was not fatal to the prosecution’s case, especially in the absence of tampering objections5.

The Supreme Court dismissed the appeal, affirming the High Court’s decision. The defense had argued that contradictions existed between the medical evidence and the ocular testimony, and that the long pendency of the case (around 20 years) should entitle the appellant to a lesser punishment based on the principle of “expectancy of life”⁶. The Court rejected the argument regarding medical evidence, clarifying that a doctor’s opinion on the specific weapon used is not legally authoritative⁷. Crucially, the “expectancy of life” plea was also dismissed because the appellant himself was responsible for a significant portion of the delay, having remained an absconder for six years after being released on bail⁸. The Court held that an accused proven guilty of murder is liable to the normal death sentence, and mere case pendency before the Court does not warrant a lesser punishment⁹.

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