IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
 
 
Jail Petition No.302 of 2017 
(Against the judgment dated 16.03.2017 passed by the Lahore High Court 
Lahore in Crl. Appeal No.1294 of 2012 with M.R. No.313 of 2012) 
 
Zia Ullah 
Waheed Anwar 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State 
 
 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Ms. Tehmina Mohibullah Kakakhel, ASC 
 
 
For the State: 
Mirza Abid Majeed,  
 
Deputy Prosecutor General Punjab 
 
Date of hearing: 
19.01.2021. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Javed Iqbal, 40/41, 
was shot dead in front of his house located within the precincts of 
Police Station Sitara District Sialkot at 7:30 p.m. on 30.10.2009; the 
incident was reported by his son Aitzaz Ahsan (PW-8) 9:30 p.m. at Civil 
Hospital  Daska; he blamed the petitioners for the crime in the 
backdrop of a dispute, raging over immovable property on the 
instigation of Nasrullah and Zulfiqar Hussain, since acquitted. Three 
unknown accomplices taking shelter in the dark, presumably aiding the 
crime, are off the scene till date.  
 
According to the complainant, on the fateful evening, the 
deceased was watering the bricks when Ziaullah petitioner armed with 
a .12 caliber repeater shotgun accompanied by Waheed Anwar 
petitioner with a .44 caliber rifle surprised him within the view of the 
witnesses; the latter opened the assault with a burst followed by the 
former, landing on the different parts of his body; gasping for life, he 
was rushed to Civil Hospital; where after a brief struggle, he succumbed 
Jail Petition No.302 of 2017 
 
2
to the injuries. The petitioners stayed away from law and were finally 
arrested on 4.2.2010 and 21.5.2010, respectively; the Investigating 
Officer recovered weapons of offence shortly thereafter, found wedded 
with the casings secured from the spot. Upon indictment, they claimed 
trial that resulted into their conviction under clause (b) of section 302 of 
the Pakistan Penal Code, 1860; they were sentenced to death vide 
judgment dated 20.07.2012; the abettors, however, were acquitted from 
the charge; the High Court while maintaining convictions altered the 
penalty of death into imprisonment of life vide impugned judgment 
dated 16.03.2017.  
2. 
 
Learned counsel for the petitioners contends that the entire 
case is structured upon a conspiracy allegedly hatched by Zulfiqar and 
Nasrullah, co-accused; their acquittal casts away the entire case. 
Seizure of two casings during the spot inspection in the face of as many 
as nine entry apertures is a circumstance that does not synchronize 
with the theory of a burst made by Ziaullah petitioner and, thus, 
discrepancy by itself constitute conflict between ocular account and 
medical evidence, benefit whereof, has unduly been withheld. Finally, 
he has blamed the medical officer for being in connivance with the 
prosecution in setting up a false case against the petitioner.  Mirza Abid 
Majeed, learned Deputy Prosecutor General Punjab has faithfully 
defended the impugned judgment. According to him, the ocular account 
furnished by the witnesses whose presence at the spot cannot be 
doubted successfully drove home the charge beyond a shadow of doubt. 
In the backdrop of an ongoing dispute, the petitioners had a strong 
motive to settle the score, concluded the learned Law Officer.  
3. 
 
Heard. Record perused. 
4. 
 
The prosecution case is primarily structured upon ocular 
account furnished by deceased’s son Aitzaz Ahsan (PW-8) and Ishtiaq 
Ahmed (PW-9); former being resident of the house in front whereof the 
deceased was engaged by the assailants can be safely viewed as a 
natural witness. A subsisting dispute notwithstanding, Aitzaz Ahsan 
(PW-8) is not expected to swap the assassins of his father with the 
innocent; there does not appear any earthly reason for such a senseless 
indiscretion; both of them confidently furnished graphic details of the 
incident; the former was subjected to lengthy cross-examination, a 
directionless exercise, soliciting inconsequential details on peripheral 
matters, hardly relevant to the core issue; remainder comprises of bald 
Jail Petition No.302 of 2017 
 
3
suggestions, vehemently denied. Ishtiaq Ahmed (PW-9) also firmly held 
the ground.  
5. 
 
Inclusion of abettors and three unknown aids in the crime 
though a suspect circumstance with embarrassing failure, nonetheless, 
does not decisively reflect upon petitioners’ culpability, independently 
established by confidence inspiring evidence, excluding, to their extent 
every hypothesis, other than their guilt; plea of false implication with 
the assistance of a medical officer being preposterous merits outright 
rejection. View concurrently taken by the Courts below, found by us on 
our own analysis being inconsonance with the principle of safe 
administration of criminal justice, calls for no interference. Petition 
fails. Leave refused.  
 
 
 
 
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
19th January, 2021 
Not approved for reporting 
Azmat/- 
