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. Appeal No.160-L/2017 & Cr. Petition 641-L/2016 
(Against the judgment dated 28.9.2015 of the Lahore High Court, Lahore 
passed in Criminal Appeal No.1084/2013 and CSR No.16-T/2013) 
 
 
Muhammad Sharif and another 
(in Criminal Appeal No.160-L/2017) 
Ahmed Abbas Khan 
(in Criminal Petition No.641-L/2016) 
 
 
 
 
 
 
 
… Appellant/Petitioner(s) 
 
VERSUS 
The State and another 
 (in Criminal Appeal No.160-L/2017) 
The State and another 
(in Criminal Petition No.641-L/2016) 
 
   
 
 
 
 
…Respondent(s) 
 
 
For the Appellant(s): 
 
Malik Ejaz Hussain Gorchha, ASC 
(in Criminal Appeal No.160-L/2017) 
 
For the Petitioner (s): 
 
Malik Matee Ullah, ASC 
(in Criminal Petition No.641-L/2016) 
 
 
 
For the State :  
 
 Ch. Muhammad Mustafa, DPG 
  
Date of Hearing: 
 
1.7.2019. 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.-  The appellants 
alongside co-accused, armed with Kalashnikovs, confronted a 
contingent of Police Station Kalabagh District Mianwali, set out 
to arrest accused in a case of homicide, hiding themselves in 
an Afghan Refugee Camp on 11.4.2012; the camp was 
encircled at 11:45 a.m. when the appellants and co-accused 
opened fire, in consequence whereof, Ahmed Nawaz/C came in 
the line of fire; he was fatally shot and his official SMG was 
snatched by the accused; Muhammad Iqbal, appellant 
sustained injuries during the indiscriminate firing. Besides the 
appellants, Hazrat Gul, Ghulam Sarwar and Izat Ullah 
alongside three unknown were arrayed in the crime report; 
Hazrat Gul was extended benefit of doubt by the trial Court 
Cr. Appeal No.160-L/2017 & Cr. Petition 641-L/2016 
 
 
 
 
 
 
- 2-  
 
whereas Ghulam Sarwar and Izat Ullah stayed away from law. 
Prosecution is clueless about the unknown till date. Spot 
inspection includes seizure of blood and 17 casings of 
Kalashnikovs; Muhammad Iqbal, appellant, subdued in  
injured condition, was shifted to the hospital whereas 
Muhammad Sharif and Hazrat Gul were arrested on 
22.4.2012; upon disclosure, Muhammad Sharif led to the 
recovery of Kalashnikov, P-9, as well as snatched SMG, P-8; 
Hazrat Gul got recovered Kalashnikov, P-11. The appellants 
were returned a guilty verdict on different counts with penalty 
of death by an Anti Terrorism Court at Sargodha vide judgment 
dated 13.8.2013; their appeal was dismissed in the High Court; 
maintaining Muhammad Sharif's sentence, however, death 
penalty awarded to Muhammad Iqbal was altered into 
imprisonment for life vide impugned judgment dated 28.9.2015 
vires whereof are being assailed through leave of the Court; 
complainant seeks enhancement of sentence; both the issues, 
with a common thread, are being decided through this single 
judgment. 
2. 
 
Hot pursuit by the police contingent for the arrest of 
accused in a case of homicide is a circumstance antedated in 
point 
of 
time, 
therefore, 
beyond 
doubt; 
pursuant 
to 
information, police officials came face-to-face with the 
appellants. It was during the search that one of the members of 
the police party, though clad in civvies, was fatally shot; receipt 
of injuries by Muhammad Iqbal appellant, his arrest at the 
spot and admission in the hospital, under a police docket, are 
also circumstances hard to deny. In this backdrop, presence of 
police officials, for a purpose mandated by law, at the crime 
scene, stands fully established. Subsequent recoveries squarely 
corroborate the ocular account. Examined in the above 
framework, the witnesses furnished accounts, confidence 
inspiring by all means, for being intrinsically sound in the face 
of inconsequential cross-examination, by and large, based 
upon denied suggestions. Acquittal of Hazrat Gul, seemingly 
out of abundant caution, does not adversely reflect upon the 
case qua the appellants; he is assigned a general role and a 
positive forensic report based upon empties, dispatched 
Cr. Appeal No.160-L/2017 & Cr. Petition 641-L/2016 
 
 
 
 
 
 
- 3-  
 
subsequent to arrest, would not qualify to the required 
standard of proof so as to view his presence in the community 
of intention beyond reasonable doubt; the appellants assigned 
effective roles qua the deceased are placed in a vastly different 
position; they have been rightly convicted, however insofar as 
quantum of sentence to be exacted from Muhammad Sharif 
appellant is concerned, he is identically placed; as the casings 
found wedded with gun P/9 were also dispatched subsequent 
to his arrest, a factor received by the High Court as a 
mitigating circumstance qua Muhammad Iqbal, appellant, the 
same goes squarely for Muhammad Sharif. Consequently, 
penalty of death awarded to Muhammad Sharif is also altered 
into imprisonment for life; remainder of convictions as well as 
sentences consequent thereupon are kept intact; sentences 
shall run concurrently with benefit of Section 382-B of the 
Code of Criminal Procedure, 1898. Resultantly, Criminal 
Appeal is dismissed.  
As a natural corollary, Criminal Petition is also dismissed. 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
Lahore, the 
1st July, 2019 
Not approved for reporting 
Ghulam Raza/*  
  
  
JUDGE