IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Yahya Afridi 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition Nos.763-L and 746-L of 2016 
(Against the judgment dated 12.04.2016 
passed by the Lahore High Court Lahore in 
Crl. Appeal Nos.2608 and 2755 of 2010 
with M.R. No.611/2010)  
 
 
Muhammad Ameer alias Kali & Riaz Ahmed 
(in Crl. P. 763-L/2016) 
Mst. Sabiran Bibi 
(in Crl. P. 746-L/2016) 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & another 
(in Crl. P. 763-L/2016) 
The State & 2 others 
(in Crl. P. 746-L/2016) 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mian Bashir Ahmad Bhatti, ASC 
 
(in Cr. P.763-L/2016)  
 
Mr. Javed Imran Ranjha, ASC 
 
(in Cr. P.746-L/2016) 
 
For the State: 
N.R. 
 
Date of hearing: 
14.10.2020. 
 
ORDER 
 
 
 
    Qazi Muhammad Amin Ahmed, J.- Zulfiqar, 40/41, 
was shot dead at 4:30 p.m. on 9.7.2006 within the remit of Police 
Station Arifwala District Pakpattan; according to the crime report, 
lodged by his father Ahmad Ali (PW-3), he was jointly targeted by the 
petitioners, both armed with .12 caliber shot guns; a stray pellet 
landing on the left deltoid of Allah Yar (PW-4). Besides the petitioners, 
Khizar Hayat and Muhammad Asif, since acquitted, were also arrayed 
to have ambushed the deceased for a motive that revolved around 
abduction of some females.  
 
Ocular account supported by medical evidence as well as 
recoveries weighed with the learned trial Judge to return the 
petitioners a guilty verdict vide judgment dated 25.10.2010; convicted 
under clause (b) of section 302 of the Pakistan Penal Code, 1860, they 
Criminal Petition Nos.763-L and 746-L of 2016 
 
2
were sentenced to death with additional imprisonment to Muhammad 
Ameer alias Kali on a coordinate charge; High Court while disbelieving 
the motive altered the death penalty to imprisonment for life vide 
judgment dated 12.04.2016, vires whereof, are being assailed both by 
the convicts as well as the complainant; latter to seek revival of death 
penalty as well as reversal of acquittal. With a common thread, these 
are being decided through this single judgment. 
2. 
 
Learned counsel for the convicts contends that there is a 
diametrical conflict between ocular account and findings recorded by 
the medical officer in the autopsy report and, thus, there was no 
occasion for the courts below to record and maintain conviction on 
foundations, inherently flawed; while elaborating his plea, he has 
drawn our attention to the firearm entry wound on the back of skull, 
with projectiles exiting from the frontal part thereof; according to the 
crime report, fire shot by Muhammad Ameer caught the deceased on 
the front of his face after he had already received a fire shot on his 
chest, at the hands of Riaz Ahmed; the dichotomy, being suggestive of 
a wider net, casts away the entire case, concluded the learned counsel.  
Contrarily, according to the learned counsel for the complainant, 
trajectory of high velocity projectiles and the portion of human body, 
seldom static in line thereof, cannot be captured/observed with an 
unfailing exactitude even by the best of faculties and, thus, upon 
analysis of overall evidence, the learned trial Judge as well as the High 
Court, in the totality of circumstances, supported by various planks of 
the prosecution case, had rightly drawn the conclusion of guilt, 
however, he insisted for restoration of death penalty, a wage, viewed as 
conscionable in circumstances; he has also prayed for a guilty verdict 
qua the acquitted co-accused for being in the community of intention.  
3. 
 
Heard. Record perused. 
4. 
 
Cited motive, though disbelieved by the High Court, 
nonetheless, the state of affairs between the families of the 
complainant and the petitioners, somewhat related, as reflected in the 
cross 
examination, 
unmistakably 
points 
towards 
a 
troubled 
relationship. Illicit liaison and abduction of two females are succinct 
part of the record; this leaves hardly any space to entertain hypothesis 
of substitution. Exoneration during the investigation, ultimately 
resulting 
into 
acquittal 
on 
account 
of 
their 
inconsequential 
participation, departure of Khizar Hayat and Muhammad Asif from the 
scene does not tremor the mainstay of the case. Riaz Ahmed petitioner 
Criminal Petition Nos.763-L and 746-L of 2016 
 
3
opened the assault with first fire shot landing on the chest; it created 
five apertures all around the frontal part of deceased’s body extending 
to the left iliac fossa; these injuries cumulatively caused massive 
damage; fall was an inevitable consequence that appears to have 
exposed the back of deceased’s head for a second shot; location of the 
assailants in the site plan, though left unchallenged does not allow, 
suggested trajectory of second shot. Two .12 caliber casings secured 
from the spot, found wedded with shot gun (P-1), recovered on the 
disclosure of Riaz Ahmed, spells out a one-man show, therefore, to 
maintain the conviction of Muhammad Ameer alias Kali is fraught with 
risk of error but at the same time it does not dismantle prosecution’s 
case qua Riaz Ahmed. Consequently, out of abundant caution and with 
a view to ensure safe administration of criminal justice, Criminal 
Petition No.763-L of 2016 to the extent of Muhammad Ameer alias Kali 
is converted into appeal and allowed; impugned judgment to his extent 
is set aside and he shall be released forthwith, if not required to be 
detained by law, however, it fails vis-à-vis Riaz Ahmed; his conviction 
and sentence is maintained. Criminal Petition No.746-L of 2016 also 
fails. Leave is declined.  
 
  
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
14th October, 2020 
Not approved for reporting 
Azmat/- 
