IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Faisal Arab 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Jail Petition No.105 of 2020 
(Against judgment dated 17.03.2020 passed by the 
Islamabad High Court Islamabad in Criminal 
Revision No.20 of 2019) 
 
 
 
 
Mufti Kafayat Ullah 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
The State  & another 
 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Mir Afzal Malik, ASC 
 
Ch. Akhtar Ali, AOR 
 
For the State: 
Niazullah Niazi,  
Advocate General, Islamabad 
with M. Anwar I.O. Margallah. 
 
Date of hearing: 
04.06.2020. 
 
 
 
JUDGMENT 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.-Mufti Kafayat Ullah, 
petitioner, was tried by a Magistrate at Islamabad for murderous 
assault on his estranged wife Mst. Sabiha (PW-1) as well as brother-in- 
law Abdul Majeed (PW-2) in District Court premises on 8.2.2013 where 
they confronted him after proceedings before a Family Judge. It is 
alleged that soon after the adjournment of proceedings in a suit filed by 
the complainant seeking dissolution of her marriage, the petitioner 
confronted them in the parking lot and attempted repeated fire shots, 
both luckily stuck in the chamber; the witnesses with the assistance of 
a police official on duty snatched the gun while he took to the heels, 
shadowed by his brother Shafiullah. Vide judgment dated 17.12.2018, 
the learned Magistrate returned a guilty verdict; convicted under 
Jail Petition No.105 of 2020  
2
section 324 of the Pakistan Penal Code, 1860, he was sentenced to six 
months RI with a fine of Rs.5000/- or to undergo one month SI in 
default thereof, pre-trial period inclusive. Learned Sessions Judge 
(West) Islamabad vide judgment dated 27.2.2019 dismissed the appeal; 
recourse to the High Court met with no better fate vide judgment dated 
17.3.2020, vires whereof, are being assailed on a variety of grounds 
ranging from a cooked up accusation by inimical witnesses to an 
inherently self-destructive charge, clamouring for interference by this 
Court. The motion is contested by the learned Law Officer on the 
ground of unanimity of finding of guilt by the three tribunals. 
2. 
 
Heard. Record perused.  
3. 
 
Going by complainant’s narrative, the petitioner twice 
attempted fire shots and a miracle shielded the family and it was 
during this process that the petitioner was subdued and disarmed with 
the assistance of an unnamed police officer. Story of unusual failure of 
an assault, allegedly preconcerted, is resting upon word of mouth alone 
with inherent missing links; the Investigating Officer who recorded 
crime report at the spot did not secure missed bullets therefrom nor he 
associated the police official, who according to the witnesses while 
being in the line of duty, intervened to snatch the gun; he is 
conspicuous by his absence both at the spot as well as witness-box. 
Inclusion of petitioner’s brother Shafiullah in the array for being in the 
community of intention evinces desires oblique and suspect with 
inevitable reflections in the retrospect. According to note of police 
proceedings, the complainant with her brother Abdul Majeed, upon 
arrival of Fakhar Abbas ASI (PW-3) presented a .30 caliber pistol with 
five live bullets in the magazine; seizure does not qualify the riders of 
Article 40 of the Qanun-e-Shahadat Order, 1984 so as to be received as 
corroboration of a story that otherwise runs counter to the case set up 
in the crime report.  
 
Given the persisting animosity, it would be unsafe to maintain the 
conviction on the basis of a script, inherently flawed. Petition is 
converted into appeal and allowed; impugned judgments are set aside 
and the appellant is acquitted of the charge. These are the reasons of 
our short order of even date, reproduced below:  
 
“For reasons to follow, this petition is converted into 
appeal and allowed; conviction and sentence 
recorded by the learned trial Court, affirmed by the 
Appellate Court and the High Court are set aside. 
Jail Petition No.105 of 2020  
3
The appellant shall be released forthwith if not 
required to be detained in any other case.”  
 
 
 
 
Judge 
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
4th June, 2020 
Not approved for reporting 
Azmat/- 
