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 
 
Cr. Appeals No.76-L, 77-L and 78-L of 2017 
(On appeal from judgment dated 02.12.2013 of the Lahore 
High 
Court, 
Lahore 
passed 
in 
Criminal 
Appeal 
Nos.650/2009, 
78-J/2010, 
2575/2010 
and 
CSR  
Nos.13-T/2009, 14-T/2010 & 72-T/2010) 
 
Akhmat Sher 
(in Criminal Appeal No.76-L/2017) 
Rabnawaz 
(in Criminal Appeal No.77-L/2017) 
Alam Sher 
(in Criminal Appeal No.78-L/2017) 
 
 
 
 
 
 
...             ...Appellant(s) 
 
VERSUS 
The State  
(in all the cases) 
 
 
…Respondent(s) 
 
 
For the Appellant(s): 
 
 
     
 
 
 
 
Malik Muhammad Suleman 
Awan, ASC 
(in Criminal Appeal No.76-L/2017) 
Mr. Ijaz Ahmed Janjua, ASC 
(in Criminal Appeal No.77-L/2017) 
Ms. Bushra Qamar, ASC 
(in Criminal Appeal No.78-L/2017) 
 
 
For the State :  
 
Ch. Muhammad Mustafa, 
DPG 
  
Date of Hearing: 
 
04.7.2019. 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.- In the backdrop 
of a dispute over plying of public vehicles, Muhammad Ramzan 
and Hassan Jamal, deceased, were done to death at 7:00 a.m. on 
31-7-2007 within the remit of Police Station Mitha Tiwana 
District Khoshab. Incident was reported by Zafar Iqbal; Akhmat 
Sher, Manzoor Ali, Muhammad Iqbal, Rabnawaz, Muhammad 
Ramzan and Alam Sher along with three unknown assailants, 
differently armed, were nominated as accused; of them, Akhmat 
Sher is attributed a fire shot to Muhammad Ramzan deceased 
followed by a burst by Rabnawaz; Alam Sher accused  is ascribed 
a rifle shot to Hassan Jamal deceased. Autopsies confirmed 
homicidal death by fire shots. Spot inspection includes seizure of 
Cr. Appeals No.76-L, 77-L and 78-L of 2017 
 
 
 
 
 
 
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blood and vehicles, the bone of contention, besides a motorbike 
last driven by Hassan Jamal deceased. The accused were 
arrested at different points of time; Muhammad Saeed, arrayed 
as abettor, was first in the dock followed by Muhammad Ahsan, 
introduced as one of the unknown assailants, as well as Manzoor 
Ali, co-accused, acquitted, on different dates, before appellants' 
trial; Akhmat Sher and Muhammad Ramzan were tried by an 
Anti Terrorism Court at Sargodha; indicted for homicide as well 
as terrorism, Akhmat Sher was convicted and sentenced to death 
on both counts whereas Muhammad Ramzan was acquitted from 
the charge vide judgment dated 24-4-2009; Rabnawaz and 
Muhammad Iqbal were next to appear before the Court; 
Rabnawaz was convicted and sentenced whereas Muhammad 
Iqbal was let off on 16-2-2010; Alam Sher was last tried to receive 
a guilty verdict on 21-10-2010. The convicts impugned their 
convictions and sentences through separate appeals, decided by 
the High Court through different judgments of even date; 
convictions were upheld, however, with alteration of death 
penalties into imprisonment for life, vires whereof, are being 
challenged through leave of the Court. Since the appeals are 
bound by a common thread, having arisen out of the same 
incident, these are being decided through this single judgment.  
2. 
 
Zafar Iqbal and Atta Muhammad furnished ocular 
accounts during trials against Akhmat Sher, Muhammad 
Ramzan, Rabnawaz and Muhammad Iqbal while the former was 
alone to point his finger on Alam Sher; they furnished graphic 
details of the events preceding the occurrence as well as 
subsequent thereto; dispute commenced on preceding day i.e.  
30-7-2007 when the appellants along with co-accused forcibly 
took passengers already boarded in Muhammad Ramzan's 
vehicle and it is in this backdrop that, on the fateful day, they 
compelled Muhammad Ramzan deceased to withdraw his vehicle 
and it was on his refusal that Akhmat Sher and Rabnawaz 
targeted him with their weapons; misfortune brought Hassan 
Jamal at the scene on a motorbike; he was fired by Alam Sher 
when he attempted to apprehend Muhammad Iqbal, acquitted  
co-accused; details related by the witnesses are corroborated by 
investigative conclusions regarding the motive of the crime as 
Cr. Appeals No.76-L, 77-L and 78-L of 2017 
 
 
 
 
 
 
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well as autopsy reports; the  witnesses are in a comfortable 
unison on all the salient aspects of the occurrence as well as 
details collateral therewith in the background of a dispute which 
is not unusual in transport business. Recoveries of weapon, 
though inconsequential on account of Investigating Officer's 
failure to collect casings from the spot for comparison, 
nonetheless, are consistent with the injuries inflicted upon the 
deceased. Absconsion is yet another circumstance favouring the 
prosecution. The trial Court rightly settled liability of the 
appellants assigned fatal harm to the deceased and we have not 
been able to find out any circumstance warranting a different 
view. Convictions on both counts of homicide and sentences 
consequent thereupon are not open to any legitimate exception, 
however, appellants' conviction under Sections 7 (a) & 21-L of the 
Anti Terrorism Act 1997 requires reconsideration. Every crime is 
repugnant, murder being most abhorrent and shocking; impacts 
and aftermaths of violence upon the victims, their families and 
surroundings are seldom benign with fear invariably concomitant 
thereof, 
nonetheless, 
special 
jurisdiction 
under 
the 
Anti 
Terrorism Act, 1997 has been created to deal with situations 
enumerated in Section 6 thereof; these fall outside the ambit of 
personal pursuits and vendettas, carried out through violence; 
both the deceased fell victim to a business rivalry and, thus, the 
appellants were not actuated by the designs contemplated under 
the Act ibid, therefore, their convictions under sections 7(a) and 
21-L of the Act ibid and sentences consequent thereupon are set 
aside; remainders of the convictions as well as sentences thereof 
are kept intact. With the above modification, criminal appeals are 
disallowed.  
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
Lahore, the 
4th July, 2019 
Not approved for reporting 
Azmat Ali/*  
JUDGE 
Cr. Appeals No.76-L, 77-L and 78-L of 2017 
 
 
 
 
 
 
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