IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Sardar Tariq Masood 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Jail Petition No.431 of 2019 
(Against judgment dated 11.03.2019 passed by the 
High Court of Sindh, Circuit Court Hyderabad in Cr. 
Petition No. S-188 of 2017) 
  
 
Bashir Ahmed Leghari 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State 
…Respondent(s) 
 
For the Petitioner(s): 
N.R. 
 
For the State: 
Mr. Hussain Bux, 
 
Additional Prosecutor General Sindh 
 
Date of hearing: 
25.2.2020. 
 
JUDGMENT 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Bashir Ahmed 
Laghari, petitioner herein, alongside Muhammad Hussain and 
Waryam co-accused, since acquitted in a trial held earlier, had 
been arrayed in the Crime Report for murderous assault on Saleem 
Raza (PW-2) in the backdrop of a motive, arisen out of a brawl, 
settled in lieu of a compensation, partly paid to the injured. This 
happened in the view of the witnesses at 7:30 a.m. on 30-7-2008 
within the precincts of Police Station Dadu. Multiple pallet injuries 
caused by a .12 caliber repeater wounded victim’s both legs, one 
subsequently amputated. 
 
Petitioner stayed away from law and it was during his 
absence that co-accused Muhammad Hussain and Waryam were 
acquitted on 31.1.2013; they were assigned no role qua the victim; 
the petitioner contested indictment in the year 2017; the trial 
culminated into his conviction on 10.8.2017 for murderous assault 
as well as Itlaf-i-Udw, he was sentenced to 10-years and 5-years 
rigorous imprisonment respectively, to run concurrently with pre-
trial commutation, along with a direction to pay monetary 
compensation to the victim; his appeal in the High Court met with 
Jail Petition No.431 of 2019 
 
 
2
no better fate vide judgment dated 11.3.2019, vires whereof are 
being assailed through the captioned Jail Petition. 
2. 
Heard. 
3. 
We have gone through the grounds taken by the convict in 
his petition and also the record with the assistance of the learned 
Law Officer to find that he absconded soon after the occurrence 
and remained away from law for a considerable span of time. In 
this backdrop, prosecution’s failure to recover the weapon, statedly 
used in the occurrence, fades into insignificance; he is certainly 
not expected to keep the gun for such a long period of time with 
him as a souvenir of his crime; pellets sprayed by him grievously 
covered both the thighs and it was in consequence thereof that the 
victim lost one of his legs, a permanent reminder of the violence he 
endured during the assault. Clinical observations noted by the 
Medical Officer regarding the injuries, multiple in number, are 
consistent with the weapon held and used by the petitioner; 
duration whereof, recorded in the medico legal certificate coincides 
with the time of occurrence related in the crime report. The injured 
entered the witness box with aftermaths of violence as a writ large 
on his body and furnished graphic details of the occurrence with 
the support of other witnesses, each in comfortable unison with 
him. A directionless and inconsequential cross-examination 
hopelessly failed to create a space to admit any hypothesis other 
than petitioner’s guilt. View concurrently taken by the Courts 
below has been found by us in accord with the principles of safe 
administration of criminal justice and thus, does not call for 
interference. Petition fails. Leave declined.   
  
 
 
Judge 
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
25th February, 2020 
Not approved for reporting 
Azmat/- 
 
