IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Appeal No.9-L of 2016 
(On appeal from the judgment dated 
20.06.2013 passed by the Lahore High 
Court, Lahore in Criminal Appeal No.2012 of 
2011). 
 
Zulfiqar Ali  
…Appellant(s) 
 
VERSUS 
 
Imtiaz, etc. 
…Respondent(s) 
 
 
For the Appellant(s) 
: Mr. Maqbool Hussain Sh, ASC 
 
Mr. Imtaz A. Shaukat, AOR 
 
For the Respondent(s) 
 
Mr. Khalid Masood Sandhu, ASC 
 
For the State 
: Ch. Muhammad Mustafa,  
Deputy Prosecutor General, 
Punjab 
 
 
 
 
Date of Hearing 
: 03.06.2019 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.-Impugned 
herein is judgment dated 20-6-2013  of a learned Judge-in-
Chamber of the Lahore High Court Lahore whereby he 
acquitted Imtiaz son of Mehr Ali and Jehangir son of Pehlwan, 
respondents from the charge; indicted by a learned Addl. 
Sessions Judge at Tandlianwala, they were returned a guilty 
verdict; convicted under section 302 read with section 34 of the 
Pakistan 
Penal 
Code, 
1860, 
each 
was 
sentenced 
to 
imprisonment for life along with compensation of Rs.50,000/- 
for committing Qatl-i-Amd of Falak Sher deceased; they were 
additionally convicted under section 364 read with section  
34 of the Code ibid and sentenced to 5-years Rigorous 
Imprisonment with fine of Rs.20,000/- each; sentences were 
ordered to run concurrently with benefit of section 382-B of the 
Code of Criminal Procedure, 1898. Iftikhar co-accused has 
been acquitted from the charge whereas Fayyaz is still away 
from the law.  
Criminal Appeal No.9-L of 2016.  
 
 
 
 
2 
 
 
On the fateful day i.e. 25-7-2009, at about 7:30 p.m. the 
respondents alongside the co-accused, confronted the deceased 
and fatally shot him after his abduction. Zulfiqar Ali (PW-6), 
Muhammad Yar (PW-7) and Nasir Ali (PW-8) furnished ocular 
account. According to the witnesses, the deceased was fatally 
shot within their view, whereupon they shifted him to the 
hospital in injured condition. Motive for the crime is a dispute 
raging over family honour. 
2. 
 
 According to the autopsy report, deceased was 
brought dead through a police constable and there is nothing 
on the record to even obliquely suggest witnesses' presence in 
the hospital; there is no medico legal report to postulate 
hypothesis of arrival in the hospital in injured condition. The 
witnesses claimed to have come across the deceased and the 
assailants per chance while they were on way to Chak 
No.504/GB. There is a reference to M/s. Zahoor Ahmed and Ali 
Sher, strangers to the accused as well as the witnesses, who 
had first seen the deceased lying critically injured at the canal 
bank and it is on the record that they escorted the deceased to 
the hospital. Ali Sher was cited as a witness, however, given up 
by the complainant. These aspects of the case conjointly lead 
the learned Judge-in-Chamber to view the occurrence as being 
un-witnessed so as to extend benefit of the doubt consequent 
thereupon. View taken by the learned Judge is a possible view, 
structured in evidence available on the record and as such not 
open to any legitimate exception. It is by now well settled that 
acquittal once granted cannot be recalled merely on the 
possibility of a contra view. Unless, the impugned view is found 
on the fringes of impossibility, resulting into miscarriage of 
justice, freedom cannot be recalled. Criminal Appeal fails. 
Appeal dismissed. 
 
 
JUDGE 
 
 
 
Lahore, the 
3rd of June, 2019 
Azmat Ali/* 
JUDGE 
 
