MUHAMMAD SABIR vs State Ss — 2022 PCrLJ 606 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD SABIR VS State Ss. 302, 324, 353 & 34---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Pakistan arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention---act of terrorism---Unlicensed possession of arms---appreciation of evidence---Prompt FIR---Independent witnesses---Scope---Prosecution case was that the accused persons fired at the police party upon being signaled to stop as a result of which one of the members of police party died---First Information Report was registered by the police with promptitude within a few hours of the incident leaving no room for the police to concoct a false case against the accused---accused persons were named in the FIR with a specific role which was confirmed by the eye-witnesses during their evidence---Mashirs of the memo of arrest and recovery were independent witnesses who had no enmity with the accused persons and had no reason to implicate them in a false case---One of the said witnesses was owner of a hotel/restaurant which was located about 250/300 square yards from the place of incident and he was caught in traffic whilst going home and as such he was not a chance witness---Medical evidence was corroborative/supportive of the oral evidence as it revealed that the deceased was shot twice by firearm which was the cause of his death and that there was no blackening around the wound which fitted in with the prosecution case that the encounter did not take place from close range---Unlicensed pistol was recovered from each of the accused at the time of their arrest on the spot after the encounter---Recoveries of empties at the scene of both 9mm and SMG which when matched with the recovered weapons from the accused and SMG used by the police produced a positive FSL report--- appeal against conviction was dismissed, in circumstances.

MUHAMMAD SABIR vs State Ss — 2022 PCrLJ 606 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ