IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present:  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL  
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
Criminal Petition Nos.112-P & 113-P of 2014 
(Against the judgment dated 01.10.2014 passed by the 
Peshawar High Court Mingora Bench (Dar-ul-Qaza) Swat in 
Crl. Appeal No.164-M & 165-M of 2013) 
 
 
Ilyas 
(in both cases) 
 
 
…Petitioner(s)  
Versus 
Waris Khan, etc.  
(in both cases) 
 
..Respondent(s)  
     
 
For the Petitioner(s): 
Mr. Abdul Qayum Sarwar, AOR/ASC 
 
For the Respondent(s): N.R. 
 
Date of hearing: 
 
06.7.2021 
 
 
 
 
 
ORDER  
 
 
 
Qazi Muhammad Amin Ahmed, J-. Akhtar Begum, 20, 
was shot dead by Waris Khan, respondent, no other than her better 
half with the assistance of his brother Karamat Ali to avenge her 
filing of a suit seeking dissolution of marriage; the incident occurred 
at 10:30 a.m. on 2.10.2012 inside deceased’s parental home, located 
within the precincts of Police Station Chaprial, District Swat. Autopsy 
conducted at 4:30 p.m. confirmed receipt of two entry wounds that 
generated hemorrhagic shock, resulting into immediate. The incident 
was reported by deceased’s father Muhammad Ilyas (PW-1) at 15:30 
p.m. wherein he blamed the respondents for the crime on the 
instigation of one Khanzada. Spot inspection includes seizure of 
blood and eight casings of 7.62 caliber. The learned trial Judge 
acquitted Khanzada from the charge, however, proceeded to convict 
the respondents under clause (b) of section 302 of the Pakistan Penal 
Code, 1860 and sentenced them to death and imprisonment for life, 
respectively, vide judgment dated 08.07.2013; Waris Khan was 
 Criminal Petition Nos.112-P & 113-P of 2014 
2
separately tried under section 13 of the Arms Ordinance, 1965 and 
sentenced to three years rigorous imprisonment vide judgment of 
even date, both overturned by a Division Bench of the Peshawar High 
Court, Mingora Bench vide impugned judgment dated 01.10.2014, 
vires whereof, are being assailed on the ground that there was no 
occasion for the High Court to let off the respondents in the face of 
formidable evidence comprising ocular account, furnished by an 
inmate who saw his daughter being mercilessly done to death inside 
the safety of his house; it is next argued that disproportionate 
reliance by the High Court on alleged flaws in the investigative 
process having little bearing on the mainstay of the prosecution, 
being artificial, are incompatible with the settled principles of 
administration of criminal justice. The evidence admitted no 
hypothesis other than respondents’ guilt and, thus, the impugned 
view being impossible clamours for intervention by this Court, 
concluded the learned counsel.  
2. 
 
In the peculiar facts and circumstances of the case, leave 
is granted to reappraise the entire evidence with a view to secure the 
ends of justice. Send for the respondents through bailable warrants 
of arrest 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.    
 
 
Judge  
 
 
 
Judge  
Peshawar,  
6th July, 2021 
Azmat/-