IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition Nos.100-K & 101-K of 2020  
(Against the order dated 31.01.2020 passed by the High Court of 
Sindh in Crl. A. Nos. S-11 & 12/2019) 
 
 
Ghaffar Mahesar 
(in both cases) 
 
 
…..Petitioner(s) 
 
 
 
 
 
Versus 
 
The State through P.G. Sindh and others 
(in both cases) 
…Respondent(s) 
 
For the Petitioner(s): 
Abdul Baqi Jan Kakar, ASC 
 
     
 
 
For the State:              
Mr. Saleem Mangrio,  
 
Addl. P.G. Sindh 
 
For the Complainant:              In person 
 
 
Date of Hearing          
26.01.2022. 
 
ORDER 
 
 
        Qazi Muhammad Amin Ahmed, J.- Saddar-ud-Din, 
28/29, was shot dead at 11:30 a.m. on 18.5.2018 within the 
precincts of Police Station Tharo Shah District Noshahro Feroz; 
incident was reported by his father Ali Nawaz (PW-1) at 2:00 
p.m; the petitioner, Lakhmir @ Lakhoo and an unknown person 
were arrayed as suspects in the crime report. Petitioner’s 
displease over deceased’s marriage with daughter of one Arbab 
Mehsar is cited as motive for the crime. Even dated autopsy 
confirmed receipt of four shots, jointly fired by the petitioner and 
Lakhmir co-accused, proved collectively fatal; petitioner was 
arrested on 20.5.2018 and pursuant to a disclosure, led to the 
recovery of a .30 caliber pistol found wedded with the casings 
secured from the spot; Lakhmir co-accused is still away from 
law whereas prosecution is clueless about the third assailant till 
date. The learned Sessions Judge, Naushahro Feroze returned a 
guilty verdict vide judgment dated 22.1.2019 whereunder the 
petitioner stood convicted under clause (b) of section 302 of the 
Pakistan Penal Code, 1860; he was sentenced to imprisonment for 
Criminal Petition No.100-K & 101-K of 2020 
life; for recovered weapon being illicit, he was additionally convicted 
and sentenced, both upheld by a learned Judge-in-Chamber of the 
High Court of Sindh at Sukkur, vide impugned judgment dated 
31.1.2020, leave to appeal wherefrom is being prayed for on the 
grounds that there was no occasion for the learned trial Judge to 
convict the petitioner on capital charge in the absence of “proof beyond 
doubt” , an error repeated by the High Court; it is next argued that 
statements of the witnesses being discrepant were not worthy of 
reliance and that the ballistic report relied by the prosecution being 
inherently flawed was liable to be excluded from consideration. With a 
vague and non-specific motive, fraught with doubts, petitioner’s 
conviction could not be maintained without potential risk of error, 
concluded the learned counsel. The learned Law Officer contrarily 
defended the impugned judgment.   
2. 
 
Heard. Record perused. 
3. 
 
Occurrence is a daylight affair; Ali Nawaz (PW-1), Sher 
Muhammad (PW-2) and Abdul Raheem (PW-3) unanimously pointed 
their finger upon the petitioner as being one of the assassins; Ali Nawaz 
(PW-1) being father of the deceased is certainly not expected to 
substitute the real assassin of his son with a proxy. We have gone 
through their statements to find them in a comfortable unison on all 
the salient aspects of the case as well as details collateral thereto. Being 
from the same neighbourhood, their presence at the crime scene cannot 
be viewed with suspicion. Medical evidence is consistent with the 
timeline of the occurrence as well as injuries suffered by the deceased. 
Preponderance of evidence undoubtedly constitute “proof beyond doubt” 
and, thus, can be relied upon without a demur to hold the petitioner 
guilty of the crime, particularly, in the face of a bald denial with reticent 
support of his real brother, clamouring innocence. Petitions fail. Leave 
declined.   
 
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
26th January, 2022 
Azmat/- 
