IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
 
 
MR. JUSTICE UMAR ATA BANDIAL, ACJ 
 
 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
MR. JUSTICE MUHAMMAD ALI MAZHAR 
 
 
 
Criminal Petition No.138-Q of 2020 
(Against the judgment dated 21.10.2020 passed 
by the High Court of Balochistan in Cr. A. 
nO.168/2019) 
 
 
Javed Ahmed and others  
 
 
 
…Petitioner(s) 
Versus 
 
The State 
 
 
…Respondent(s) 
 
 
For the Petitioner(s) 
: Mr. Kamran Murtaza, Sr. ASC 
(video link Quetta) 
 
  
For the Respondent(s) 
: Mr. Abdul Baqir Shah, ASC 
 
  
Date of Hearing 
: 23.08.2021 
 
  
 
  
O R D E R 
 
 
 
QAZI MUHAMMAD AMIN AHMED,J.-In the backdrop 
of a dispute over property, Noor-ud-Din (PW-2) was thrashed, 
inside his shop, located within the precincts of Police Station City 
Quetta, at 4:25 p.m. on 23.5.2019 by Javed Ahmed, since dead, 
Muhammad Aslam, Muhammad Saleem and Khalil, no other than 
his cousins in first degree. A police surgeon noted multiple injuries 
that included a fracture of left forearm. Spot inspection by 
Muhammad Touseef SI (PW-7) confirmed damage caused by the 
intruders inside the outlet. Upon conclusion of trial, a learned 
Magistrate vide judgment dated 05.12.2019 returned a guilty 
verdict; the assailants were burdened with monetary compensation 
for causing injuries to the complainant, additionally sentenced for 
criminal trespass and concomitant damage to the property; the 
learned Additional Sessions Judge acquitted the petitioners from 
the 
latter 
charge, 
however, 
maintained 
the 
remainder 
of 
convictions, upheld by the High Court of Balochistan vide 
Criminal Petition No.138-Q of 2020 
impugned judgment dated 21.10.2020, vires whereof, are being 
assailed, after deposit of Daman under protest on the grounds that 
prosecution had cast a wider net to implicate every able bodied 
opponent, engaged with the complainant in a civil dispute; that 
two injuries with a complaint of pain hardly justified en bloc 
conviction of all the petitioners, particularly after prosecution’s 
failure on the charge of damage to the property in the court of 
session; learned counsel has also referred to a discrepancy in the 
deposition of police surgeon regarding date of examination to argue 
that flawed evidence clamoured for clean acquittal as the 
pensionary benefits of Javed Ahmed deceased are at stake.  
2. 
 
We have heard the learned counsel on video link and 
perused available record with his assistance to note that on the 
common ground of bad blood in the close family, the complainant 
was taken on by the petitioners inside his shop, a position that 
went un-rebutted in the evidence furnished by the Investigating 
Officer. Though acquitted under sections 447, 427, nonetheless, 
the site plan showed broken pieces of glass, unmistakably 
suggesting a brawl inside the outlet. An erroneous date given by 
the police surgeon is not in line with the entry in the medico legal 
certificate that unambiguously confirms the date of incident as 
23.05.2019. 
 
The witnesses are in a comfortable unison and have rightly 
been believed by the Courts below. Possible loss of pensionary 
benefits to the family of the deceased petitioner indivisibly linked 
with the co-convicts, being a conscionable consequence of the 
crime, hardly furnishes a ground to separately overturn his 
conviction, based upon a judicial consensus. Petition fails. Leave 
declined.  
 
 
 
 
 
 
ACJ 
 
 
 
Judge   
 
 
 
 
Islamabad 
23.08.2021 
Azmat/* 
Judge 
 
