IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
Criminal Petition Nos.17-L/2018 & 1338/2017 
(Against the order dated 15.11.2017 of the Lahore High Court 
Bahawalpur Bench passed in Cr. Appeal No.83/2014 and Cr. Appeal 
No.88 of 2014 along with M.R. No.7/2014)   
 
 
Muhammad Khan alias Kali 
(in Cr.P. No.17-L/2018) 
Laal Khan 
(in Cr.P. No.1338/2017) 
.…Petitioner(s) 
 
 
 
 
 
Versus 
The State and another 
(in Cr.P. No.17-L/2018) 
The State and 03 others 
(in Cr.P. No.1338/2017) 
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Muhammad Sharif Bhatti, ASC 
 
 
 
 
 
Sardar Muhammad Shahzad Khan Dhukar, ASC 
 
 
 
 
 
(in Cr.P. No.17-L/2018) 
 
 
 
 
 
Syed Aasim Ali Bokhari, ASC 
 
 
 
 
 
(in Cr.P. No.1338/2017) 
 
For the Respondent(s): 
N.R. 
(in both cases) 
 
Date of hearing: 
06.08.2020. 
 
 
 
 
 
ORDER 
 
        Qazi Muhammad Amin Ahmed, J.- Muhammad Javed, 28/29, 
was clubbed to death at 2:00 p.m. on 10.12.2012 within the remit of Police 
Station Donga Bonga, District Bahawalnagar, in the backdrop of an early 
morning dispute over cattle grazing; Muhammad Khan alias Kali, petitioner 
along with Muhammad Din alias Pappu  and Nadeem alias Ghona were 
jointly blamed for fatal injuries while Muhammad Nawaz, Shah Muhammad 
and Mahna, already present at the scene, were alleged to have exhorted the 
assailants. Autopsy suggested two injuries in the temporal region 
accompanied by a slant mark on the chest as collective cause of death mainly 
on account of fracture of skull. Upon conclusion of trial, the petitioner along 
with Nadeem alias Ghona was returned a guilty verdict; convicted under 
clause (b) of section 302 of the Pakistan Penal Code, 1860, they were 
sentenced to death vide judgment dated 18.2.2014. Petitioner’s conviction 
was maintained, albeit with alteration of death penalty into imprisonment for 
life while Nadeem alias Ghona was acquitted of the charge vide impugned 
judgment dated 15.11.2017; equally dissatisfied but for their own reasons, 
both sides, have assailed the judgment.    
 Criminal Petition Nos.17-L/2018 & 1338/2017  
2
 2. 
 
The accused are divided into two groups; first comprising 
Muhammad Din alias Pappu, Muhammad Khan alias Kali and Nadeem alias 
Ghona; they are blamed to have jointly beaten the deceased to death; in the 
second group, Muhammad Nawaz son of Muhammad Sadiq, Shah Muhammad 
son of Noor Din and Mahna son of Sharaf Din, allegedly, exhorting community 
of intention, joined the former a while later, however, without inflicting any 
harm to the deceased. The acquittal of non-participating second set of accused 
has not been challenged, however, Din Muhammad alias Pappu let off by the 
trial Court and the acquittal of Nadeem alias Ghona by the High Court have 
been disputed by the complainant throughout alongside the challenge thrown 
by the convict.  
3. 
 
Learned counsel for the complainant contends that roles assigned 
to the Muhammad Khan alias Kali, Nadim alias Ghona and Din Muhammad 
alias Pappu are clearly borne out from medical evidence and once the learned 
trial Judge as well as the High Court had believed the ocular account qua 
Muhammad Khan alias Kali, there was no occasion to let off Nadim alias 
Ghona and Din Muhammad alias Pappu in view of their indivisibly inculpatory 
participation in the crime and as such the error cannot be countenanced 
without jeopardizing the fate of the entire case into peril, at the cost of 
miscarriage of justice, therefore, impugned conclusions being impossible, re-
appraisal of evidence would be most called for in circumstances. Conversely, 
learned counsel for Muhammad Khan alias Kali contends that the courts 
below had rightly acquitted the co-accused, including those, assigned effective 
roles qua the deceased, therefore, in the absence of any independent 
corroboration, petitioner is also entitled for a clean chit.  
3. 
 
In the peculiar facts and circumstances of the case, it would be 
expedient to re-examine the evidence in the interest of justice. Leave is granted 
in both the cases. Send for Nadeem alias Ghona and Muhammad Din alias 
Pappu, respondents, through bailable warrants in the sum of Rs.500,000/- 
with one surety each in the like amount, returnable to the Deputy Registrar 
(Judicial) of this Court.     
 
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
6th August, 2020 
Not approved for reporting 
Azmat/- 
