IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Faisal Arab 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Jail Petition No.1 of 2016 
(Against judgment dated 02.11.2015 passed by the 
Lahore High Court Lahore in Crl. Appeal No.243 of 
2011 & M.R. No.133 of 2011) 
 
Arfan Akram 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State 
…Respondent(s) 
 
For the Petitioner(s): 
Nemo 
 
For the State: 
Mr. M. Usman,  
 
Deputy Prosecutor General Punjab 
  
Date of hearing: 
03.03.2020. 
 
JUDGMENT 
 
 
 
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 proceed 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, vires whereof are being 
Jail Petition No.1 of 2016 
 
 
2
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 promptitude. 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), deceased’s real 
son and inmate of the same premises is a natural witness by all 
standards; his evidence is duly corroborated 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 fails. Leave declined.  
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
3rd March, 2020 
Not approved for reporting 
Azmat/- 
Jail Petition No.1 of 2016 
 
 
3