IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
PRESENT: 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
Criminal Petition Nos.955-L and 973-L of 2016 
(Against judgment dated 24.06.2016  of the  Lahore 
High Court Lahore passed in Cr. A. No.70 of 2012 
along with M.R. No.101 of 2012) 
 
Safdar Abbas & another 
(in Cr.P. No.955-L/2016) 
Ghulam Sarwar 
(in Cr.P. No.973-L/2016) 
 
   
 
…Petitioner(s) 
 
 
 
 
 
Versus 
The State & another 
(in Cr.P. No.955-L/2016) 
The State & two others 
(in Cr.P. No.973-L/2016) 
 …Respondent(s) 
 
For the Petitioner(s): 
Mr. Shahid Azeem, ASC 
(in Cr.P. No.955-L/2016) 
Mr. Asghar Ali Gill, ASC 
(in Cr.P. No.973-L/2016) 
 
For Respondents No.2 & 3: 
Mr. Shahid Azeem, ASC 
(in Cr.P. No.973-L/2016) 
For Respondent No. 2:  
Mr. Asghar Ali Gill, ASC 
(in Cr.P. No.955-L/2016) 
  
For the State: 
Mirza 
Abid 
Majeed, 
Deputy 
Prosecutor 
General Punjab 
 
Date of hearing: 
3.12.2019 
 
JUDGMENT 
 
 
      Qazi Muhammad Amin Ahmed, J.- Safdar Abbas and 
Akhtar Abbas, petitioners, real brothers inter se, are in receipt of a 
guilty verdict, returned by a learned Additional Sessions Judge at 
Jhang vide judgment dated 23.12.2011; they were tried, through a 
private complaint, alongside four others for committing Qatl-i-Amd of 
Muhammad Bukhsh on 5.4.2008 within the precincts of Police Station 
18-Hazarvi District Jhang in the backdrop of a motive relating to 
divergent claims on a piece of agricultural land; one of the accused, 
namely, Mubeen Saghar is still away from law under a perpetual 
warrant of arrest; the co-accused were acquitted from the charge while 
the petitioners stand convicted under clause (b) of section 302 read 
with section 34 of the Pakistan Penal Code, 1860; they were sentenced 
Cr.P. No.955-L/2016, Cr. P. 973-L/2016 
2
to death, altered into imprisonment for life  by a learned Division Bench 
of Lahore High Court Lahore vide impugned judgment dated 
24.06.2016, vires whereof are being assailed, primarily, on the ground 
that evidence disbelieved qua majority of the accused, each identically 
placed, cannot be pressed into service, in the absence of independent 
corroboration, to sustain the charge vis-à-vis the petitioners, a position 
vehemently contested on behalf of the complainant.  
2. 
 
Heard. Record perused. 
3. 
 
Petitioners’ father, namely, Charagh co-accused is assigned 
multiple club blows to Muhammad Bukhsh deceased; same is charge 
against Muzaffar co-accused; remainder of the accused, though 
assigned no harm to the deceased, nonetheless, are ascribed effective 
roles to the PWs; they are closely related being members of the same 
clan and in the totality of circumstances given the accusation, their 
roles cannot be bifurcated without nullifying the entire case. Motive 
cited in the crime report is non-specific; investigative conclusions were 
inconsistent with the case set up by the complainant. Recoveries are 
inconsequential. Complainant abandoned his case against the 
acquitted co-accused after failure of his petition seeking leave to appeal 
in the High Court. In this backdrop, no intelligible or objective 
distinction can be drawn to hold the petitioners guilty of the charge in 
isolation with their co-accused. Prosecution evidence, substantially 
found flawed, it would be unsafe to maintain the conviction without 
potential risk of error. Criminal Petition No.955-L/2016 is converted 
into appeal and allowed, impugned judgment is set aside, the 
petitioners/appellants shall be released forthwith, if not required to be 
detained in any other case.  
 
As 
a 
natural 
corollary, 
complainant 
petition 
seeking 
enhancement is dismissed.  
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad  
3rd December, 2019 
Not approved for reporting 
Azmat* 
