IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Faisal Arab 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
 
Jail Petition No.450 of 2015 
(Against judgment dated 21.09.2015 passed by the 
Lahore High Court Lahore in Crl. Appeal No.301-J of 
2011 & M.R. No.195 of 2011) 
 
Sadiq Ali 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State 
…Respondent(s) 
 
For the Petitioner(s): 
Ms. Ayesha Tasnim, ASC 
 
For the State: 
Mirza. Usman,  
 
Deputy Prosecutor General Punjab 
  
Date of hearing: 
04.03.2020. 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.- Kashif Ali, deceased, 25, 
along with his father Shoukat Ali (PW-5) managed a kiosk within 
the remit of Police Station City Arifwala District Pakpattan. On the 
fateful day i.e. 28.2.2010 at 11:00 a.m. Sadiq Ali, petitioner, 
complainant’s real brother/father-in-law of the deceased asked for 
a cup of tea, declined by the deceased; infuriated by refusal, he 
took a Churri  from a nearby butcher shop and dealt repeated 
blows to the deceased on his chest; as the complainant attempted 
to intervene, he targeted him also on the belly and left hand; 
commotion attracted the witnesses whereupon the petitioner, while 
brandishing the weapon, took to the heels; casualties were shifted 
to the hospital; Kashif Ali succumbed to the injuries on way. The 
deceased was married with petitioner’s daughter Sajida Bibi; the 
marriage went on rocks and she was residing with her parents; it 
was in exchange of hand subsequently refused and this 
background of animosity with an event on the day of occurrence is  
 Jail Petition No.450 of 2015 
2
 
cited as combined motive for the crime. The injured was examined 
at 11:45 a.m. followed by deceased’s autopsy at 3:00 p.m. who was 
noted to have two injuries, both on right side of chest; injury No.1 
“a sharp edged stab wound 3 x 3 cm x 1.4 cm into going deep on 
right side of upper chest. Just 1 cm away from right border of 
sternum in between 3rd and 4th rib”, ruptured the right lung and 
heart; it was blamed as cause of death. Shoukat Ali (PW-5) 
endured an incised stab wound on the upper part of abdomen in 
the epigastrium region accompanied by an abrasion on the left 
hand with corresponding cuts on the clothes. Pursuant to a 
disclosure, the petitioner led to the recovery of Churri (P-4), found 
stained with blood of human origin. Petitioner confronted 
prosecution evidence, comprising ocular account, recovery of 
weapon and forensic reports, with the following plea:- 
“All the PWs are related interse and 
inimical 
towards 
me. 
Actually 
the 
complainant forced his son Kashif Ali 
deceased to divorce his wife Mst. Sajida 
bibi as there was no son from her to his 
son but he refused to do so. Shaukat Ali 
complainant during scuffle with him gave 
chhuri blow on his chest due to which he 
died. 
During 
scuffle 
Shaukat 
Ali 
complainant also received injuries at the 
hands of the deceased. In fact Shaukat Ali 
complainant wanted to grab my share in 
the house inherited by us from our father 
and due to this reason he has falsely 
involved me in this case in order to grab 
my 
share 
in 
the 
house 
where 
the 
complainant lives. The PWs are inimical 
towards 
me 
and 
they 
have 
falsely 
deposed against me.” 
 
Unimpressed by the plea, the learned trial Judge vide judgment 
dated 28.2.2010 returned a guilty verdict for homicide as well as 
assault; for the former he was sentenced to death whereas for the 
latter to one year RI with monetary compensation; the High Court 
maintained the convictions, however, altered penalty of death into 
imprisonment for life vide impugned judgment dated 21.09.2015, 
vires whereof are being assailed through the captioned jail petition.   
2. 
 
Learned counsel or the petitioner contends that the 
petitioner had no occasion to kill his real nephew who happened to 
 Jail Petition No.450 of 2015 
3
be his son-in-law as well, as he had no reason to destroy his 
daughter’s household; she has vehemently controverted the 
allegations of an abortive arrangement for exchange marriage to 
argue that the position taken by the petitioner being more 
plausible ought to have been preferred by the courts below. Seizure 
of Churri P-4 from an open and accessible place did not advance 
the prosecution case, concluded the learned counsel. Learned Law 
Officer has faithfully defended the impugned judgment.  
3. 
 
Heard. Record perused. 
4. 
 
Occurrence is a daylight affair; reported to the police 
with a remarkable promptitude; medico legal examination of 
Shoukat Ali (PW-5) conducted under a police docket at 11:45 a.m, 
followed by autopsy at 3:00 p.m. with durations coinciding with 
the point of time mentioned in the crime report confirmed 
registration of case in the stated manner with exclusion of 
possibility for deliberations and consultations. Shoukat Ali (PW-5) 
furnished graphic details of the occurrence; he himself sustained 
injuries that confirm his presence at the crime scene. Muhammad 
Iqbal (PW-6) is an independent witness; he has duly corroborated 
the complainant in his deposition; their evidence cannot be 
dislodged merely on the basis of bald suggestions, denied 
vehemently. Injuries suffered both by the deceased as well as the 
complainant are consistent with the weapon, recovered on 
petitioner’s disclosure, forensically found to have been stained with 
blood of human origin. Theory of substitution, inherently 
preposterous, merits outright rejection in the face of formidable 
evidence, inexorably pointed upon the petitioner. Both the courts 
below rightly appraised the evidence to concurrently arrive at 
conclusions which on our independent analysis have been found 
by us as unexceptionable. Petition fails. Leave declined.   
 
 
Judge 
 
 
Judge 
Islamabad, the 
4th March, 2020 
Not approved for reporting 
Azmat/-