IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
JAIL PETITION NO.333/2013 AND  
CRIMINAL PETITION NO.845-L/2013  
 (Against the judgment dated 3.7.2013 of the Lahore High Court, Lahore passed 
in Criminal Appeal No.8-J/2009 and Murder Reference No.324/2008) 
 
Aamir Hanif 
(In Jail Petition No.333/2013) 
 
Mst. Shamim Akhtar 
(In Criminal Petition No.845-L/2013)  
 
 . . . Petitioner(s)  
 
 
 
 
   Versus 
The State 
 
 
(In Jail Petition No.333/2013) 
 
 
Aamir Hanif and another 
(In Criminal Petition No.845-L/2013)  
 
 
 
 
. . . Respondent(s) 
 
For the Petitioner(s) 
Nemo. 
 
 
 
 
(In Jail Petition No.333/2013) 
 
 
 
 
Mr. A.G. Tariq Ch., ASC 
 
 
 
 
(In Criminal Petition No.845-L/2013)  
 
 
 
 
 
 
For the State  
: 
Mr. Muhammad Jaffar,  
Additional Prosecutor General Punjab 
 
 Date of hearing 
: 
5.3.2020. 
 
 
 
 
 
J U D G M E N T  
 
Qazi Muhammad Amin Ahmed, J.- Aamir Hanif, petitioner, 
along with his sister Samina Bibi, since acquitted, was indicted by 
a learned Additional Sessions Judge for committing Qatl-i-Amd of 
Mehboob Alam, no other than his brother-in-law and for 
murderous assault upon Hakeem Nazeer Ahmad (PW-8) on 
22.2.2008 at 6:00 p.m. within the remit of Police Station Karana                   
District Sargodha. The incident was reported on the spot by 
deceased’s father Manzoor Ali (PW-7) at 5:30 p.m. It is alleged that 
the deceased was not getting along well with his wife and in this 
backdrop on the fateful day family elders gathered to settle the 
 Jail Petition No.333/2013 and  
Criminal Petition No.845-l/2013  
 
2
differences; petitioner was also in the session and during the 
conversation after exhortation repeatedly targeted the deceased 
with a .30 caliber pistol; Hakeem Nazeer Ahmad PW tried to 
intervene but was shot instead.  Casualties were attended; the 
deceased succumbed to the injuries at the spot while Hakeem 
Nazeer Ahmed (PW-8) was shifted to the hospital; he was medically 
examined at 5:30 p.m. followed by deceased’s autopsy at 9:30 p.m. 
Deceased’s wife Mst. Samina Bibi was arrayed as accused for 
abetment on the basis of supplementary statement dated 
28.2.2008. Petitioner was arrested on 4.3.2008; pursuant to a 
disclosure on 8.3.2008 he led to the recovery of a .30 caliber pistol 
(P-1). Trial concluded on 13.11.2008 in petitioner’s conviction 
under clause (b) of section 302 of the Pakistan Penal Code, 1860 
as well as under section 324 of the Code ibid; he was sentenced to 
death and imprisonment on coordinate charge; Mst. Samina Bibi 
was acquitted vide the same judgment. The High Court maintained 
petitioner’s conviction albeit with alteration of death penalty into 
imprisonment for life vide impugned judgment dated 03.07.2013, 
vires whereof are being challenged by the convict through a jail 
petition; the complainant seeks reversal of death penalty as well as 
Samina Bibi’s acquittal; issues bound by a common thread are 
being decided through this single judgment. 
2. 
 
Heard. Record perused. 
3. 
 
The convict is unrepresented and for that we have 
gone through the entire record with caution and curiosity. 
Relationship inter se the deceased and the convict alongside his  
co-accused is admitted at all hands. Though no casing was 
secured from the spot, nonetheless, blood taken therefrom is 
forensically established that of human origin; that confirms the 
venue. Excluding the strained relations between the spouses, 
blessed with three siblings there was no motive left to bring the 
convict face to face with his brother-in-law. Autopsy report 
confirms three entry wounds, consistent with the weapon 
recovered on convict’s disclosure. Events are recorded with a 
remarkable promptitude. Occurrence took place at 4:00 p.m; it is 
reported after one and half hour with medico legal examination of 
the injured soon thereafter; autopsy at 9:30 p.m. in a non tertiary 
 Jail Petition No.333/2013 and  
Criminal Petition No.845-l/2013  
 
3
hospital cannot be viewed as delayed. Hakeem Nazeer Ahmed  
(PW-8), with a stamp of injury, in his early seventies, is an 
independent witness; he was requested to join reconciliation when 
he came out of a nearby mosque after prayer; he has no axe to 
grind and can be believed without demur. Witnesses are in a 
comfortable unison on all the relevant details of the incident; 
cross-examination on the complainant, though inordinately 
lengthy, merely sets up a case of substitution that merits outright 
rejection; deceased’s murder by his brother Ilyas and his son 
Azhar, as suggested by the defence, is a story that may not find a 
buyer. Even the convict himself abandoned the plea in his 
examination under section 342 of the Code of Criminal Procedure 
1898. Even a most stringent appraisal of prosecution evidence 
does not admit any space to entertain any hypothesis other than 
convict’s guilt. View taken by the courts below being well within 
the remit of law does not call for interference. Quantum of 
sentence opted by the High Court has also been found by us as a 
conscionable wage. Petitions fail. Leave declined.  
 
Judge 
 
 
 
 
 
 
 
 
 
 
 
    Judge 
 
Lahore, the  
5th March, 2020 
Not approved for reporting 
Azmat/* 
