IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.101-K of 2021 
(Against the judgment dated 16.06.2021 passed by the High Court of Sindh, 
Circuit Court, Hyderabad in Cr. A. No.D-250 of 2011 with Confirmation Case 
No.D-14 of 2011) 
 
 
Mushtaque Hussain  
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State through Prosecutor General Sindh 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Wali Muhammad, ASC 
 
Mr. Ghulam Rasool Mangi, AOR 
 
For the State: 
Mr. Hussain Bux Baloch,  
 
Addl. Prosecutor General, Sindh 
 
Date of hearing: 
07.09.2021. 
 
ORDER 
 
 
 
 Qazi 
Muhammad 
Amin 
Ahmed, 
J.- 
Petitioner 
is 
complainant in a case of homicide, reported vide FIR No.26 dated 
29.5.1997 at Police Station Bhitainagar District Hyderabad; it was 
alleged that on the fateful day, Abdul Rahim accused shot dead  
Dr. Tanvir  Hafeez, no other than his sister-in-law, in the backdrop of 
some domestic dispute; sent to trial, the accused was returned a guilty 
verdict; convicted under clause (b) of section 302 of the Pakistan Penal 
Code, 1860, he was sentenced to death by the learned Sessions Judge 
Hyderabad vide judgment dated 15.8.2011, altered into imprisonment 
for life by a Division Bench of the High Court of Sindh vide impugned 
judgment dated 16.6.2021, being assailed on the grounds that given the 
brutality inflicted upon the deceased, awfully reflected by as many as 
eight entry wounds with corresponding exits, there was no occasion for 
the High Court to alter penalty of death into imprisonment for life. The 
bottom line is that the wage settled by the learned trial Judge being 
most conscionable in circumstances did not warrant reduction and, 
thus, interference by this Court is most called for.  
2. 
 
Heard. 
Criminal Petition No. 101-K of 2021 
2
3. 
 
Be that as it may, the respondent who has not even been 
arrayed as a party in this petition, as per report submitted by the 
Superintendent Jail, has since been released on 1.7.2021 after serving 
out his sentence, reckoned in prison role as 16-years 5-months 1-day, 
remissions inclusive; it appears that after dismissal of his appeal albeit 
with reduction in sentence, he had contently retired to his fate. 
Imprisonment for life is a legal sentence and has already been served 
out by the petitioner and, thus, enormity of his crime notwithstanding, 
he cannot be recalled so as to be dispatched to the gallows for the 
offence he has endured imprisonment for life; there being one life, he 
cannot be vexed twice. Petition fails. Leave declined.  
 
 
Judge 
 
 
 
Judge 
Karachi, the 
7th September, 2021 
Azmat/- 
