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 
 
Criminal Petitions No.67-P & 68-P of 2014 
(Against the judgment dated 29.05.2014 passed by the 
Peshawar High Court, Mingora Bench (Dar-ul-Qaza) Sawat in 
Criminal Appeal No.29-A of 2012). 
 
Saleem Zada and others   
(in Cr.P. No.67-P/2014) 
Muhammad Zada 
(in Cr.P. No.68-P/2014) 
 
 
 
…Petitioner(s) 
 
VERSUS 
The State etc. 
(in Cr.P. No.67-P/2014) 
Sher Zamin etc. 
(in Cr.P. No.68-P/2014) 
 
 
 
…Respondent(s) 
 
 
For the Petitioner(s) 
(in both cases) 
: Mr. Sahibzada Asadullah, ASC 
 
 
 
For the Respondent(s) 
: Mr. Zia Ur Rehman Khan, ASC 
(in both cases) 
 
 
 
Date of Hearing 
: 10.06.2019 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.- Saleem Zada, 
Khawat Shah and Swat Shah, petitioners in Criminal Petition for 
Leave to Appeal No.67-P/2014 alongside Sher Zamin, respondent in 
Criminal Petition for Leave to Appeal No.68-P/2014 were tried for 
committing qatl-e-amd of Pir Zada as well as, attempt on Bahri 
Zaman alias Bahrey, PW; they were returned a guilty verdict by the 
trial Court vide judgment dated 7.2.2012. A learned Division Bench 
of the Peshawar High Court acquitted Sher Zamin from the charge, 
however, 
maintained 
convictions 
and 
sentences 
consequent 
thereupon of the remainder vide impugned judgment dated 
29.5.2014; this brings the complainant and the convicts before us; 
both issues with a common thread are being decided through this 
single judgment.  
2. 
 
In the backdrop of previous enmity, on eventful day i.e. 
26.11.2010 at 4.30 p.m., the petitioners and the respondent 
intercepted Pir Zada deceased and Bahri Zaman, PW while on board 
Criminal Petition Nos.67 & 68-L of 2014  
 
 
 
 
 
 
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a public vehicle; forcibly de-boarded, they were dealt with hatchet 
blows as well as fire shots, in consequence whereof, Pir Zada 
succumbed to the injuries at the crime scene while the complainant 
with multiple injuries survived the assault. Incident was reported at 
the hospital and a formal case was registered 6.30 p.m. at Police 
Station Gagra, situated, 9/10 kilometers from the venue. The 
accused claimed trial, pursuant whereto, prosecution produced 
Bahri Zaman, PW-1 alongside Taj Habib Gul, PW-2 to bring home 
the charge; the latter is driver of the vehicle. Fate of the prosecution 
case is primarily hinged upon the statement of Bahri Zaman, PW-1. 
Taj Habib Gul, PW-2, driver of the vehicle though confirmed the 
episode, however, had not identified the assailants so as to establish 
their culpability. Investigative conclusions and medical evidence are 
in line with the statement of Bahri Zaman, PW-1; durations given in 
the crime report as well as by the doctor coincide with the time of 
occurrence; the case was registered with a remarkable promptitude; 
previous bad blood has not seriously been contested; it is on the 
basis of these pieces of evidence that the accused have been found 
guilty of the crime. We have gone through the statement of Bahri 
Zaman, the sole eye witness and found him most confidence 
inspiring; he alone can sustain the charge; being injured, his 
presence cannot be doubted. Driver of the vehicle, though reticent 
in his deposition, nonetheless, has unambiguously confirmed 
circumstances whereunder the occurrence took place.  Cross 
examination on both the witnesses remained inconsequential and 
as such convictions and sentences consequent thereupon do not 
call for interference. Acquittal of Sher Zamin, respondent, seemingly 
out of abundant caution, particularly having regard to his mute 
presence does not offend any principle of law; there do not exist 
extra ordinary grounds to recall freedom. Resultantly, these 
petitions are dismissed and leave to appeal refused.  
 
 
  
JUDGE 
 
 
 
JUDGE 
 
 
 
Lahore, the 
10th of June, 2019 
Ghulam Raza/* 
JUDGE 
Criminal Petition Nos.67 & 68-L of 2014  
 
 
 
 
 
 
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