IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
JAIL PETITION NO.461/2013 AND  
CRIMINAL PETITION NO.1364-L/2013  
(Against the judgment dated 7.10.2013 of the Lahore High Court, Lahore passed 
in Criminal Appeal No.1698/2009, Criminal Appeals No.,1918/2009 & Cr.R. 
No.981/2009 and Murder Reference No.437/2009) 
 
Munir Hussain 
(In Jail Petition No.461/2013)  
 
Malik Taj Muhammad 
(In Criminal Petition No.1364-L/2013) 
 . . . Petitioner(s)  
 
 
 
 
   Versus 
The State   
(In Jail Petition No.461/2013)  
 
The State and others 
(In Criminal Petition No.1364-L/2013) 
 
 
 
. . . Respondent(s) 
 
For  the Petitioner(s) 
Mr. M. Mukhtar Talokar, ASC 
 
 
 
 
(In Jail Petition No.461/2013)  
 
 
 
 
Malik Mateeullah, ASC 
(In Criminal Petition No.1364-L/2013) 
 
For the State  
: 
Mr. Muhammad Jaffar,  
Additional Prosecutor General Punjab 
 
 Date of hearing 
: 
5.3.2020. 
 
 
 
 
 
O R D E R   
 
Qazi Muhammad Amin Ahmed, J.- Munir Hussain, 
petitioner was indicted alongside his brother Riaz Ahmed, since 
acquitted, for committing Qatl-i-Amd of Abdul Razzaq, deceased, 
44, at 9:30 a.m. on 3.11.2008 within the precincts of Police Station 
City Mianwali; deceased was on a motorbike followed by the 
witnesses when the accused confronted him near saw machine of 
Haji Muhammad Din. Petitioner is attributed consecutive shots; 
autopsy 
report 
confirmed 
five 
entry 
wounds 
with 
their 
corresponding exits besides two lacerated wounds of substantial 
dimensions on deceased’s organ of generation. Prior to the 
occurrence, the local police had raided the accused and as per 
crime report the accused suspected the deceased behind the 
episode, cited as motive for the crime. Trial culminated into 
JAIL PETITION NO.461/2013 AND  
CRIMINAL PETITION NO.1364-L/2013  
  
2
conviction 
with 
penalty 
of 
death. Complainant 
questioned  
co-accused’s acquittal while the convict disputed his conviction; 
the High Court dismissed appeal against acquittal while  altered 
the penalty of death into imprisonment for life vide impugned 
judgment dated 7.10.2013, vires whereof are being assailed by the 
both sides. It is argued that given the deceased’s position, riding 
on a motorbike, confronted by the petitioner, as per prosecution’s 
own case, from his right flank, there was no occasion for the 
deceased to receive five shots on his back; injuries on organ of 
generation have been referred to 
canvass an hypothesis, 
incompatible with the crime report besides prosecution’s failure 
qua the co-accused. Learned counsel for the complainant contends 
that 
without 
active 
participation/support 
of 
Riaz 
Ahmed 
respondent/co-accused, it was simply not possible for the convict 
to gun down the deceased and, thus, there was no occasion for the 
courts below to issue him a clean chit; he further argued that both 
the accused equally shared the motive. Magnitude of violence has 
been highlighted to argue that penalty of death is an appropriate 
wage in circumstances. Leave is granted to the both sides to 
examine the above contentions.  
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
 
 
     Judge 
 
Lahore, the  
5th March, 2020 
Not approved for reporting 
Ghulam Raza/* 
