IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present:  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL  
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
Criminal Petition No.48-P/2015 
(Against the judgment dated 19.02.2015 passed by the 
Peshawar High Court Mingora Bench (Dar-ul-Qaza) Swat in 
Crl. Appeal No.182/2014) 
 
Muhammad Daud and others 
 
 
…Petitioners  
Versus 
Syed Abid Ali and another 
..Respondents  
     
 
For the Petitioner(s): 
Mr. Naveed Akhtar, ASC   
 
For the Respondent(s): Mr. Muhammad Inaam Yousfzai,  
 
 
 
 
Addl. A.G. K.P. 
 
Date of hearing: 
 
12.7.2021 
 
 
 
 
 
ORDER  
 
 
 
Qazi Muhammad Amin Ahmed, J-. A shoot out within the 
precincts of Jehanzaib College Saidu Sharif Swat resulted into multiple 
casualties, each youthful; Muhammad Fawad (PW-6), Zafar Ali (PW-9) 
survived the life of fire, however, Muhammad Musa and Hashim Khan 
succumbed to their wounds. The petitioner along with Nasir, since 
proclaimed offender, was arrayed as the culprits in the crime report lodged 
by Muhammad Daud Khan (PW-18); during the trial, he was joined by other 
witnesses. Prosecution failed at the first tier as a learned Additional 
Sessions Judge acquitted the respondent from the charge vide judgment 
dated 14.6.2014; appeal against acquittal met with no better fate vide 
impugned judgment dated 19.2.2015, vires whereof, are being assailed on 
the ground that both the courts, in concurrence, ran into grievous error by 
relying upon reticent deposition by the injured witnesses, notwithstanding, 
that other eye witnesses present at the spot categorically named the 
respondent as well as the proclaimed offender, both spearheading the 
assault in a unison inside an educational premises. Forensic report 
confirming use of two different weapons with three empties wedding one 
weapon left at the spot, was a circumstance that heavily reflected upon 
respondent’s culpability, next argued the learned counsel.  
 
2
2. 
 
We have examined the record to find that though both the 
injured witnesses categorically confirmed receipt of fire shot injuries at the 
stated venue and point of time in the backdrop, suggested in the crime 
report, however, given their positions in the opposite direction in the 
crowded canteen, they had not visually seen the respondents, taking on the 
deceased, a shortcoming seemingly made up by other witnesses present at 
the spot. In the totality of circumstances and having regard to the 
absconsion of one of the assailants, we consider it expedient to grant leave 
so as to reappraise entire evidence with a view to secure the ends of justice. 
Send for Abid Ali through bailable warrants in the sum of Rs.200,000/- 
with one surety in the like, returnable to the Assistant Registrar of this 
Court, executable through Station House Officer concerned, within a 
fortnight.  
 
 
Judge  
 
 
 
Judge  
Peshawar,  
12th July, 2021 
Azmat/- 
‘Not approved for reporting’  
