2021 PLP 1461 (SCMR)
GUL ZARIN and others — Petitioners Versus FAZAL KHALIQ and another — Respondents
| Citation | 2021 PLP 1461 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | GUL ZARIN and others — Petitioners Versus FAZAL KHALIQ and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2021 PLP 1461 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1461 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1461 (SCMR) (GUL ZARIN and others — Petitioners Versus FAZAL KHALIQ and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Haji Muhammad Zahir Shah, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Muhammad Nisar, Additional Advocate General, Khyber Pakhtunkhwa for the State.
Headnotes / Summary
(Against the judgment dated 05.03.2014 passed by the Peshawar High Court Peshawar in Cr. A. No.100 of 2011)
Ss. 302(b) & 324
Constitution of Pakistan, Art. 185(3)
Qatl-i-amd, attempt to commit qatl-i-amd
Petition for leave to appeal challenging acquittal
Contentions on behalf of prosecution that in the face of overwhelming evidence comprising of witnesses that included an injured to support a dying declaration, there was no occasion for the High Court to acquit the accused, blamed alongside the absconding co-accused for the crime in the backdrop of a motive over immovable property, resulting into the loss of two lives; that accused remained an absconder for over a quarter of a century with his accomplices still away from law, to finally earn an acquittal; that non-performance of autopsy on the dead, being a practice in line with local custom did not adversely reflect upon the prosecution case inasmuch as the homicidal deaths of both the deceased remained a common ground throughout
Supreme Court granted leave to consider the said contentions of the prosecution. Muhammad Nisar, Additional Advocate General, Khyber Pakhtunkhwa for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Respondent was tried for murderous assault as well as on two counts of homicide by a learned Additional Sessions Judge at Wari, District Dir Upper; convicted on all counts, he was sentenced to imprisonment for life and ten years rigorous imprisonment respectively vide judgment dated 10.10.2011, overturned by a Division Bench of Peshawar High Court, Mingora Bench vide impugned judgment dated 03.05.2014, vires whereof, are being assailed on the grounds that in the face of overwhelming evidence comprising of witnesses that included an injured to support a dying declaration, there was no occasion for the High Court to acquit the respondent, blamed alongside the absconding co-accused for the crime in the backdrop of a motive over immovable property, resulting into the loss of two lives; he has referred to respondent's return after absconsion, spreading over a quarter of a century with his accomplices still away from law, to finally earn acquittal. The learned counsel has further argued that non-performance of autopsy on the dead, being a practice in line with local custom did not adversely reflect upon the prosecution case inasmuch as the homicidal deaths of both the deceased remained a common ground throughout; according to him, the impugned view being based upon reasons, artificial and illusory, is untenable at law and, thus, tends to result into miscarriage of justice, clamouring interference by this Court. Though much water has flown under the bridge, nonetheless, the peculiar facts and circumstances of the case, despite flux of time, call for reappraisal of prosecution's evidence to secure the ends of justice. Leave is granted, inter alia, to consider the above contentions. Send for the respondent through bailable warrant in the sum of Rs.200,000/- with one surety in the like amount, returnable to the Assistant Registrar of this Court at Peshawar, to be executed through the Station House Officer, within a fortnight. MWA/G-21/SC Leave granted.