IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present:  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL  
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
Criminal Petition No.27-P of 2014 
(Against the judgment dated 05.03.2014 passed by the 
Peshawar High Court Peshawar in Cr. A. No.100/2011) 
 
Gul Zarin and other  
 
…Petitioner  
Versus 
 
Fazal Khaliq and another  
..Respondent  
     
 
For the Petitioner(s): 
Haji Muhammad Zahir Shah, ASC 
 
For the Respondent(s): N.R. 
 
For the State: 
 
Mr. Muhammad Nisar,  
 
 
 
 
Addl. Advocate General KPK 
 
Date of hearing: 
 
06.7.2021 
 
ORDER  
 
 
Qazi Muhammad Amin Ahmed, J-. Respondent was 
tried for murderous assault as well as on two counts of homicide by a 
learned Additional Sessions Judge at Wari, District Dir Upper; 
convicted on all counts, he was sentenced to imprisonment for life 
and ten years rigorous imprisonment respectively vide judgment 
dated 10.10.2011, overturned by a Division Bench of Peshawar High 
Court, Mingora Bench vide impugned judgment dated 03.05.2014, 
vires whereof, are being assailed on the grounds that in the face of 
overwhelming evidence comprising of witnesses that included an 
injured to support a dying declaration, there was no occasion for the 
High Court to acquit the respondent, blamed alongside the 
absconding co-accused for the crime in the backdrop of a motive over 
immovable property, resulting into the loss of two lives; he has 
referred to respondent’s return after absconsion, spreading over a 
quarter of a century with his accomplices still away from law, to 
finally earn acquittal. The learned counsel has further argued that 
non-performance of autopsy on the dead, being a practice in line with 
Cr.P.27-P/2014 
2
local custom did not adversely reflect upon the prosecution case 
inasmuch as the homicidal deaths of both the deceased remained a 
common ground throughout; according to him, the impugned view 
being based upon reasons, artificial and illusory, is untenable at law 
and, thus, tends to result into miscarriage of justice, clamouring 
interference by this Court.  
 
Though much water has flown under the bridge, nonetheless, 
the peculiar facts and circumstances of the case, despite flux of time, 
call for reappraisal of prosecution’s evidence to secure the ends of 
justice. Leave is granted, inter alia, to consider the above contentions. 
Send for the respondent through bailable warrant in the sum of 
Rs.200,000/- with one surety in the like amount, returnable to the 
Assistant Registrar of this Court at Peshawar, to be executed through 
the Station House Officer, within a fortnight. 
 
 
 
Judge  
 
 
 
Judge  
Peshawar,  
6th July, 2021 
Azmat/- 
‘Not approved for reporting’ 
