IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Sardar Tariq Masood 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Jail Petition No.960 of 2017 
(Against the judgment dated 10.11.2017 passed by the High Court of 
Sindh Circuit Court at Hyderabad in Criminal Appeal No.S-314 of 2006)  
 
 
Abbas Ali 
Hajji Umar alias Ghulam Hussain 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
  
The State  
…Respondent(s) 
 
For the Petitioner(s): 
Qari Abdul Rasheed, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the State: 
Ms. Rahat Ahsan,  
 
Addl. Prosecutor General Sindh 
 
Date of hearing: 
22.10.2020. 
JUDGMENT 
 
 
 
    Qazi Muhammad Amin Ahmed, J.- Indicted alongside 
Mehar Ali, since acquitted, for homicide as well as murderous assault, 
the petitioners were returned  a guilty verdict by a learned Additional 
Sessions Judge at Kotri; convicted on multiple counts, they were 
sentenced to imprisonment for life with10-years as well as 3-years 
rigorous imprisonment with a direction for payment of compensation, 
fine and Daman on coordinate charges with concurrent commutation, 
pre-trial period inclusive, vide judgment dated 05.12.2006, upheld by 
the High Court vide impugned judgment dated 10.11.2017.  
2. 
 
According to the prosecution, on the fateful day i.e. 
15.6.1998 at about 7:15 a.m. Rab Rakhio, 45, hereinafter referred to as 
the deceased, along with Khamiso Behlani (PW-4) was on way towards 
the Campus of Sindh University Jamshoro when the petitioners armed 
with guns accompanied by Mehar Ali, acquitted co-accused, carrying an 
hatchet, suddenly emerged from the bushes and soon after exhortation 
targeted the deceased and Khamiso Khan PW within the view of Haji 
Muhammad Siddique (PW-1) and Ali Sher (PW-2) who followed them at 
some distance. Deceased’s daughter Mst. Zareena was married with 
Ghulam Mustafa, who lived with his in-laws, disapproved by his father 
Jail Petition No.960 of 2017 
 
2
Haji Umar petitioner; the rancor is cited as a motive for the crime. Spot 
inspection included seizure of blood and four casings albeit without 
recovery of weapons. The casualties were shifted to the hospital; 
Khamiso Khan PW survived the assault. Abbas Ali petitioner was 
arrested on 7.7.1998 shortly followed by Mehar Ali acquitted  
co-accused, however, Haji Umar, petitioner stayed away from law to be 
finally apprehended on 3.5.2004; they claimed trial in a unison. 
Autopsy report of the deceased as well as medico legal certificate of the 
injured were proved through secondary evidence furnished by Dr. 
Anwar Hussain (PW-12) as Dr. Abdul Hanan Sheikh had expired before 
his appearance in the Court; nature of injuries endured both by the 
deceased as well as the injured being consistent with firearm is not 
disputed by the defence.   
3. 
 
Learned 
counsel 
for 
the 
petitioners 
contends 
that 
occurrence does not appear to have taken place in the manner as 
alleged in the crime report particularly in the backdrop of alleged motive 
impliedly discarded by the courts below. While referring to injured 
Khamiso Khan (PW-4), the learned counsel contends that he shared 
animus/malice in a divided household to falsely implicate the 
petitioners in order to settle an ongoing dispute in the family; he has 
emphatically highlighted absence of recovery of weapons allegedly used 
during the occurrence to argue that actual culprits have been 
substituted with the scapegoats. Acquittal of co-accused on the same 
set of evidence left no option for the Court except to reject the 
prosecution case in its entirety concluded the learned counsel. The 
learned Law Officer, however, has faithfully defended the impugned 
judgment; he argued that given the close relationship, there was no 
earthly reason for the family to swap the petitioners with the actual 
offenders.  
4. 
 
Heard. Record perused. 
5. 
 
Prosecution case is primarily structured upon ocular 
account furnished by Haji Muhammad Siddique (PW-1), Ali Sher (PW-2) 
and Khamiso Khan (PW-4); the last being injured during the episode; 
they have furnished graphic details of the occurrence without being 
trapped into any serious narrative conflict. Both sides, being part of the 
same household, questions of mistaken identity or substitution are the 
possibilities beyond comprehension. There is a remarkable promptitude 
in recourse to law by the witnesses that included an injured, medically 
examined under a police docket. Though the Investigating Officer failed 
Jail Petition No.960 of 2017 
 
3
to recover the weapons used during the occurrence, nonetheless, the 
failure does not tremor the prosecution case otherwise firmly founded 
on ocular account furnished by the witnesses who plausibly explained 
their presence at the crime scene. Inconsequential and directionless 
cross-examination mainly comprising bald suggestions vehemently 
denied fails to undermine the preponderance of prosecution case. 
Acquittal of co-accused with a role vastly distinguishable as well as 
inconsequential appears to be inspired by a judicial caution and as 
such does not adversely impact upon the integrity of the charge. View 
taken by the courts below being well within the remit of law calls for no 
interference. Petition fails. Leave declined. However, the petitioners 
shall benefit from the modification in impugned judgment recorded in 
the short order of even date, reproduced below: 
 
“For reasons to follow, jail petition filed by both 
the convicts, argued by Qari Abdul Rasheed, 
ASC, 
fails. 
Leave 
is 
declined. 
Convictions 
recorded and sentences awarded consequent 
thereupon are maintained with benefits already 
extended, however, the amount of Daman 
imposed upon the convicts, in the peculiar facts 
and circumstances of the case and having regard 
to the extreme advance age of the convicts, is 
reduced to Rs.1000/-.” 
 
 
 
      
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
22nd October, 2020 
Not approved for reporting 
Azmat/- 
