IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Appeal No.52-P/2009 
(Against the judgment dated 28.1.2004 
of the Peshawar High Court, Peshawar 
passed in Cr. A. No.222/2003) 
 
 
 
State thr. Advocate General, KP, Peshawar 
…Appellant(s) 
VERSUS 
Hassan Jalil & others 
…Respondent(s) 
 
 
For the Appellant(s) 
: Mr. Qasim Wadud, Additional 
Advocate General, Khyber 
Pakhtunkhwa 
 
 
 
For the Respondent(s) 
: N.R. 
 
 
 
Date of Hearing 
: 29.04.2019 
 
Judgment 
 
 
 
 Qazi Muhammad Amin Ahmed, J. Through leave of 
the Court, impugned herein is the judgment dated 28.1.2004 by a 
learned Judge-in-Chambers of the Peshawar High Court, whereby 
finding of guilt, in a case of homicide by the learned Sessions 
Judge, Hangu has been set aside. This is in the backdrop of 
incident dated 30.3.1999, within the remit of Police Station Hangu, 
District Kohat, reported by Hassan Jalil’s mother-in-law, Noor 
Seema PW, who surprised the former while fleeing from the home, 
leaving behind his wife Mst. Perveen Bibi in a pool of blood along 
side the minors with multiple injuries; she pointed her finger upon 
the respondent. Upon indictment the respondent claimed trial that 
culminated in conviction with sentences consequent thereupon 
vide judgment dated 22.3.2003, subsequently reversed in appeal.  
2. 
 
Learned 
Additional 
Advocate 
General, 
Khyber 
Pakhtoonkhwa has impugned the vires of impugned judgment of 
the learned High Court on the ground that in the face of 
overwhelming evidence there was no occasion for respondent’s 
Criminal Appeal No.52-P/2009 
 
2
 
acquittal that too in the wake of his long standing absconsion as 
well as abysmal failure to explain as to what befell upon the 
household; occurrence being a day light affair there was no space 
to entertain any hypothesis of mistaken identity or given the 
relationship, substitution, it is next argued by the learned law 
officer. He has pointed out death of the children in consequence of 
injures suffered by them. 
3. 
 
Respondent’s relationship with the deceased as well as 
the minors is not in dispute and so is homicidal death of his better 
half and receipt of injuries by the children, under the same roof; 
nonetheless in the absence of positive proof he cannot be held 
guilty for the crime either on the basis of suspicion, moral 
satisfaction or his failure to explain circumstances, leading to the 
calamity. Prosecution’s silence to explain as to what possibly 
prompted the respondent to wipe out his own family is also 
intriguing, though the complainant in the witness box, obliquely 
referred to a quarrel between the spouses, however, suggesting 
cordial relations in the same breath. Arrival of Noor Sima, PW at 
venue exactly at a point of time when the respondent allegedly did 
away with the deceased, in itself is a circumstance that reflects on 
the very genesis of the prosecution case. On an overall analysis of 
the prosecution evidence, the learned High Court found the 
prosecution case fraught from doubts, an analysis that cannot be 
viewed as unconscionable or imprudent, being well within the 
realm of possibility, calling for interference. Appeal is dismissed. 
 
     
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
 
Islamabad, the 
29th of April, 2019 
Ghulam Raza/* 
JUDGE 
 
