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 respond ents 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 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 disproportionat e 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 princ iples 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 reapp raise 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 Of ficer, within a fortnight.