IN THE SUPREME COURT OF PAKISTAN 
 
(Appellate Jurisdiction) 
 
 
 
 
PRESENT 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ. 
 
Mr. Justice M. Javed Buttar. 
 
Mr. Justice Tassaduq Hussain Jillani. 
 
 
CRIMINAL PETITION NOs.848-L, 920-L & 921-L OF 2002 
AND JAIL PETITION NO.2 OF 2003 a/w CRL. MISC. No.62/2005 
IN CRL. PETITION NO.920-L/2002  
(On appeal against the judgment dated 2-10-2002 
Passed by the Lahore High Court, Lahore in Crl. 
Appeal No.622, 637, 638/97 and M.R. No.247-T of 1997) 
 
  
Ghulam Abbas 
 
 
… 
 
… 
 Petitioner 
 
 
 
 
 
 
 
 
(in Crl.P.848-L/02) 
Munir Ahmed 
 
 
… 
 
… 
 Petitioner 
 
 
 
 
 
 
 
 
(in Crl.P.920-L/02) 
Shaukat Ali  
 
 
… 
 
… 
 Petitioner 
 
 
 
 
 
 
 
 
(in Crl.P.921-L/02) 
 
Irfan Javed and others 
 
… 
 
… 
 Petitioners 
 
 
 
 
 
 
 
 
(in JP.2/2003) 
 
 
 
 
Versus 
The State 
 
 
 
… 
 
… 
Respondent 
 
 
 
 
 
 
 
 
(in all cases) 
 
For the petitioner 
 
: 
Syed Mazhar Ali Akbar Naqvi, ASC  
(in Crl.P.848-L/02) 
Petitioner(s)  
 
 
Nemo. 
(in Crl.P.920-L, 921-L/02  
: 
 
and JP.2/2003)   
For the State   
 
: 
Mrs. Afshan Ghazanffar, AAG. 
Date of hearing 
 
: 
12th & 13th December, 2005 
O R D E R 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. Listed petitions have 
been filed for leave to appeal against the judgment dated 2nd October 2002 
passed by the Lahore High Court, Lahore. 
2. 
Precisely stating facts of the case are that vide FIR Ex.PC/1 dated 
1st April 1997 lodged by Sheikh Attique Ahmed (PW-12) at Police Station 
Crl.P.848-L/2002 etc 
2 
Cantt.  Sialkot, alleging therein that when he was present in his house 
alongwith Zaheer Haider his business partner, his wife Farida Atteeq and 
two sons namely Mohsin Ateeq aged about 11/12 years and Danish Ateeq 
aged about 8/9 years and his father Sh. Shafique Ahmed who was lying on 
the bed, all of a sudden three persons duly armed with pistol entered into 
the room.  His wife made a shriek on seeing them, his father got up from the 
bed and by raising Lalkara made an attempt to catch hold of one of the 
accused. At the same time one of the accused fired with his pistol hitting his 
father on his neck who fell down on the ground. The third accused kept 
watch while holding pistol in his hand and also threatened them that if any 
one of them made an attempt to move he would be met with the same fate.  
Two of the accused took his son namely Mohsin Ateeq to adjacent room 
and from an Almirah, they took away golden ornaments, one Rado Wrist 
watch (Ladies) and also searched for Cash. One of the accused kept watch 
on the inmates of room while holding pistol and also continued threatening 
them. The accused remained in his house for 25/30 minutes and thereafter 
scaled over the wall behind the house upon which he and others raised hue 
and cry attracting their neighbors. His father was shifted to hospital but he 
died on his way to hospital.  Accordingly FIR of the incident was 
registered. Accused persons involved in the commission of offence were 
arrested and following six persons were sent up to answer the  
charge  : - 
1. 
Ghulam Abbas 
 
 
2. 
Arshad Masih. 
3. 
Iftikhar Ahmad alias Chand 
4. 
Irfan Javed alias Bhaia. 
5. 
Munir Ahmad. 
6. 
Shaukat Ali.  
 
Learned Trial Court vide judgment dated 6th November 1997 
convicted/awarded following sentences to the accused persons : - 
Crl.P.848-L/2002 etc 
3 
U/s 458 PPC 
Iftikhar Ahmed @ Chand, 
Arshad Masih and Ghulam 
Abbas 
14 years R.I. with payment of fine of 
Rs.50,000/- and in default whereof to 
suffer further two years R.I. each. 
 
U/s 458/114 PPC 
Arfan Javaid @ Bhaia, Munir 
Ahmed and Shaukat Ali 
14 years R.I. with payment of fine of 
Rs.50,000/- and in default whereof to 
suffer further two years R.I. each. 
 
U/s 395 PPC 
Ghulam 
Abbas, 
Arshad, 
Iftikhar Ahmad @ Chand, 
Arfan Javaid @ Bhaia, Munir 
Ahmad and Shaukat Ali. 
R.I. for life with payment of fine of 
Rs.50,000/- and in default whereof to 
suffer further two years R.I. each. 
 
 
U/s 396 PPC 
 
Ghulam Abbas, Arshad Masih 
and Iftikhar @ Chand. 
 
Death sentence subject to confirmation 
by the High Court, with payment of fine 
of Rs.50,000/- and in default whereof to 
suffer further two years each 
 
U/s 396 PPC 
Arfan Javed @ Bhaia, Munir 
Ahmad and Shaukat Ali. 
R.I. for life with payment of fine of 
Rs.50,000/- and in default whereof to 
suffer further two years R.I. each. 
 
U/s 412 PPC 
Ghulam 
Abbas, 
Arahad 
Masih, Iftikhar Ahmad @ 
Chand, Arfan Javed, Munir 
Ahmad and Shaukat Ali. 
10 years R.I. with payment of fine of 
Rs.20,000/- and in default whereof to 
suffer further one year R.I. each. 
 
Learned High Court, however, up-held the sentence of death of one of the 
petitioner namely Ghulam Abbas, whereas sentence awarded to Arshad 
Masih and Iftikhar Ahmed alias Chand was reduced to life imprisonment. 
Sentence awarded to other convicts namely Arfan Javaid @ Bhaia, Munir 
Ahmed and Shaukat Ali was reduced to seven years R.I. As far as 
remaining sentences under Section 396 PPC awarded to the convicts were 
maintained by the High Court by means of impugned judgment. Listed 
petitions have been filed on behalf of convicts for leave to appeal. 
3. 
Learned counsel appearing in Civil Petition No.848-L of 2002 
contended that in accordance with the provisions of Section 391 read with 
Section 396 PPC, the accused deserve for same sentence as they are all 
equally responsible for the commission of offence. On having reduced the 
sentence of the other convicts,  the sentence of the petitioner Ghulam Abbas 
is not liable to be maintained. To substantiate his plea he placed reliance 
upon the cases of Puranmal Agarwalla and others  v.  Rautmal Pincha 
(AIR 1953 “Assam 44), Shivappa and others  v.  Hyderabad State (AIR 
1955 Hyd. 147), Geedo and others  v.  the State (1986 P.Cr.L.J. 2192),  
Crl.P.848-L/2002 etc 
4 
Abdul Qayyum and others  v. The State (PLD 2004 Karachi 232), Khalid 
Mehmood and four others  v.  The State (2004 SCMR 199).  
4. 
It may be noted that as far as convict Munir Ahmed is concerned he 
entered into compromise with the L.Rs. of the deceased whereas Arfan 
Javed @ Bhaia and Shaukat Ali are contesting the conviction awarded to 
them.  As far as question in respect of acceptance or otherwise of the 
compromise is concerned, it will be dealt with in view of the judgment in 
the case of Muhammad Rawab  v.  The State (2004 SCMR 1170). 
However, at this stage having seen the law relied upon by the learned 
counsel of the petitioner-Ghulam Abbas, prima facie, we are of the opinion 
that if the sentence of death of Ghulam Abbas is maintained then remaining 
convicts would also be liable to the sentence for death. Therefore, while 
grating leave to appeal in their cases as well notices be also issued to them 
to explain as to why their sentences may also not be enhanced.  
 
Thus for the above reasons, inter alia, to examine the contentions 
put forward by the learned for petitioners as well as merits of the case to 
the extent of other accused persons,  leave to appeal is granted.      
 
    
 
Chief Justice 
 
 
J. 
 
 
J. 
 
Islamabad 
12-12-2005 
MS/* 
 
 APPROVED FOR REPORTING.