IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.224 of 2017 
(against 
impugned 
judgment 
dated 
11.1.2017 passed by the Lahore High Court 
Rawalpindi Bench in Crl. Appeal No.63 of 
2016). 
 
Rifat Hussain 
…Petitioner(s) 
 
VERSUS 
 
The State  
…Respondent(s) 
 
 
For the Petitioner(s) 
: Mr. Muhammad Munir Paracha, ASC   
 
 
 
 
For the State 
: Mr. Muhammad Jaffar D.P.G. 
Punjab. 
 
 
 
Date of Hearing 
: 12.09.2019. 
 
O R D E R 
 
 
Qazi Muhammad Amin Ahmed, J.- Indicted for 
homicide, Riffat Hussain, petitioner herein, was returned a guilty 
verdict by the trial Court; convicted under Clause (b) of Section  
302 of the Pakistan Penal Code, 1860 he was sentenced to 
imprisonment for life with a direction to pay compensation 
alongside benefit of section 382-B of the Code of Criminal 
Procedure 1898; his appeal met with no better fate.  
2. 
 
   Habib is deceased of the case; he was allegedly 
done to death on the fateful day at 6:30 p.m. with multiple 
shots, fired by the petitioner as well as Ghulam Abbas  
co-accused, since killed in a police encounter, in the backdrop of 
a motive relating to the murder of petitioner’s brother at his 
hands, way back in the year 1997. Incident was reported at 3:00 
a.m. after mid night whereas autopsy was conducted at 9:00 
a.m. Delay in recourse to law as well as autopsy is pressed into 
service to argue that the witnesses were staged managed as the 
Criminal Petition No.224 of 2017 
 
 
 
 
 
 
2 
 
incident went un-witnessed; to substantiate further, it is next 
argued that it was for this reason that the dead body was shifted 
from the alleged venue wherefrom no casing was recovered 
despite allegation of multiple fire shots as confirmed by the 
autopsy report, rendering recovery of weapon as inconsequential 
as considered by the learned High Court itself. Elimination of  
co-accused in a police ‘encounter’ has been pointed out to 
suggest that all was not well with the prosecution; non-
appearance of the Investigating Officer without any valid cause, 
according to the learned counsel, cause serious prejudice to the 
petitioner in his quest to vindicate his position, circumstances 
that escaped notice downstairs. It would be expedient to re-
appraise prosecution evidence with a view to ensure safe 
administration of criminal justice, leave is granted.    
 
 
 
 
JUDGE 
 
 
 
 
Islamabad, the 
12th  of September, 2019 
Azmat/* 
JUDGE 
 
 
