IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
 
 
Jail Petition No.684 of 2016 
(Against the judgment dated 29.11.2016 passed by the Lahore 
High Court Lahore in Cr. A. No.168-J of 2013 with M.R. No.202 of 
2013) 
 
 
Ashfaque alias Shaka 
 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mian Liaqat Ali, ASC 
 
 
 
 
For the State: 
Mirza Muhammad Usman 
 
Deputy Prosecutor General 
 
For the Complainant: 
In person. 
 
Date of Hearing: 
04.01.2022. 
 
ORDER 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.:- Indicted for homicide 
and murderous assault alongside co-accused, since acquitted, the 
petitioner was returned a guilty verdict by a learned Addl. Sessions 
Judge at Kasur; vide judgment dated 30.05.2013, convicted under 
clause (b) of section 302 of the Pakistan Penal Code, 1860, he was 
sentenced to death with a direction to pay compensation, altered into 
imprisonment for life by a Division Bench of the Lahore High Court 
Lahore vide impugned judgment dated 29.11.2016, vires whereof, are 
being assailed through jail petition, argued by Mian Liaqat Ali, ASC.  
2. 
 
According to the prosecution,  on the fateful day, i.e. 
18.6.2010, at 5:30 p.m., the petitioner armed with a  .12 caliber short- 
gun accompanied by acquitted co-accused, differently armed, fatally 
shot Khurshid Bibi, 50/55, in the backdrop of a minor altercation of 
even date; Ejaz co-accused, assigned a shot to Shahid Maseeh PW, was 
acquitted as the latter did not support the prosecution case. Incident 
Jail Petition No.684 of 2016 
 
was reported at 7:00 p.m. same day; the injured were medically 
examined under a police docket 7:30 p.m; the deceased, after struggling 
for life, later succumbed to the injury; her autopsy was conducted 
following day at 3:00 p.m. Arrested on 11.7.2010, pursuant to a 
disclosure, the petitioner led to recovery of short gun (C-1), founded 
wedded with the casings, secured from the spot.  
 
Dissatisfied with police investigation, the complainant preferred 
to prosecute his case through a private complaint with the assistance of 
eye witnesses, namely, Hanif Mashi (PW-1) and Shoukat Maseeh  
(PW-2); Shahzad alias Shahid Maseeh (CW-1), injured defected from the 
scene.  
3. 
 
Learned counsel for the petitioner contends that desertion 
of Shahzad alias Shahid Maseeh (CW-1) raised the entire edifice of 
prosecution case to the ground, inasmuch as, being an injured and 
close relative, he furnished details diametrically different than the case 
set up in the crime report and as such there was no occasion for the 
trial Court to return a guilty verdict on the strength of evidence 
inherently flawed, a circumstance that escaped High Court’s notice in 
concurrence of error. It is next argued that evidence disbelieved qua 
majority of the accused cannot be pressed into service to maintain 
petitioner’s conviction without independent corroboration, lacking 
hopelessly. A delayed autopsy heavily reflected upon the prosecution 
case, concluded the learned counsel. The learned Law Officer has 
faithfully defended the impugned judgment. 
4. 
 
Heard. Record perused. 
5. 
 
Despite setbacks, usual more often than not, prosecution 
case  vis-à-vis the petitioner is firmly structured on the foundations  
un-trembled by the defection of an injured witness; he was medically 
examined under a police docket even before the autopsy was conducted; 
in those agonizing moments, he supported the prosecution case in his 
statement recorded by the Investigating Officer; it was much late in the 
day that he opted to part ways with the prosecution for reasons best 
known 
to 
him 
and, 
thus, 
his 
mysterious 
departure, 
though 
embarrassing to the prosecution, nonetheless, by itself, does not cast 
away its case in the presence of witnesses named in the crime report 
faithfully supporting their case.  
 
Learned counsel for the petitioner despite detailed survey of the 
evidence has not been able to point out any flaw or infirmity in the 
statements of the witnesses that may reflect upon their presence at the 
Jail Petition No.684 of 2016 
 
spot having seen the solitary fatal shot singularly assigned to the 
petitioner costing the deceased her life in broad daylight. Investigation 
though somewhat controversial, nonetheless, is pointed towards 
petitioner’s culpability, further supported by recovery of weapon 
matched with the casing. The autopsy cannot be viewed as delayed as 
after initially gasping for life, the deceased breathed her last later and it 
is for this reason, autopsy was conducted the following day. The Courts 
below having rightly assessed the evidence, no interference is called for. 
Petition fails. Leave declined.  
 
  
 
 
  
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
4th January, 2022 
Azmat/- 
