IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Yahya Afridi 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition Nos.172 of 2020 & 140 of 2021 
(Against the judgment dated 23.1.2020 passed by 
the High Court of Sindh, Sukkur Bench in Crl. 
Revision No.D-28/2013 – and against the judgment 
dated 01.02.2021 passed by the High Court of Sindh 
Sukkur Bench in Crl. Jail Appeal No.S-30/2013)  
 
 
 
Abdul Sattar Mahar 
(in both cases) 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
 
 
  
The State & another 
(in both cases) 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aftab Alam Yasir, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the State: 
Mr. Hussain Bux Baloch,  
 
Addl. Prosecutor General, Sindh 
 
Date of hearing: 
30.03.2021. 
 
JUDGMENT 
 
 
 
    Qazi Muhammad Amin Ahmed, J.- Dodo son of 
Muhammad Azeem, indicted by a learned Additional Sessions Judge at 
Ubaro on the complaint of Abdul Sattar Mahar, no other than his nephew, 
for committing Qatl-i-Amd of his sister, 19; Rais Kouro (PW-1) survived the 
assault with a gunshot wound, statedly, on his chest, in the backdrop of a 
dispute over immovable property; convicted on both counts, he was 
sentenced to imprisonment for life and 10-years R.I. respectively with a 
direction to pay compensation as well as fine vide judgment dated  
23.04.2013, assailed before the High Court of Sindh. The High Court 
despite noting “sufficient discrepancies” and while taking into account the 
period of incarceration underwent by the convict, proceeded to reduce the 
sentence to the period already undergone and disposed of the appeal vide 
impugned judgment dated 01.02.2021, vires whereof, are being assailed 
by the complainant through two separate petitions i.e. Cr.P. No.172 of 
2021 and Cr. P. No.140 of 2021. 
Criminal Petition Nos.172 of 2020 & 140 of 2021 
2
2. 
 
Learned 
counsel 
for 
the 
petitioner 
contends 
that 
notwithstanding 
certain 
observations 
apparently 
favouring 
the 
respondent, there was no occasion for the learned Judge-in-Chamber to 
reduce respondent’s sentence to the period already undergone by him 
while maintaining his conviction under clause (b) of section 302 of the 
Pakistan Penal Code, 1860, that mandatorily provides penalty of death or 
life imprisonment. It is lastly argued that the prosecution had successfully 
driven home the charge on the strength of natural witnesses, i.e. inmates 
of the house of occurrence that included an injured as well in the face of 
motive clearly establishing a breach between the relations in the first 
degree. 
 
 
Send for the respondent through bailable warrants in the sum 
of Rs.100,000/- with one surety in the like amount, returnable to the 
Deputy Registrar (Judicial) of this Court.  District Police Officer Ghotki 
shall ensure execution of warrant within 30 days of receipt of this order. 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
30th March, 2021 
Not approved for reporting 
Azmat/- 
