ALI HASSAN vs State Ss — 2022 PCrLJN 125 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.

ALI HASSAN VS State Ss. 302, 397, 427 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, mischief causing damage to the amount of fifty rupees, common intention, possessing unlicensed weapon, act of terrorism---appreciation of evidence---Ocular account supported by medical evidence---Scope---accused was charged that he along with his co-accused persons tried to snatch cash amount from complainant party on the show of weapon, on resistance, they made firing upon the complainant party, due to which driver of the complainant died, whereas guard sustained firearm injury---Ocular account of the incident had been furnished by complainant and injured witnesses---Complainant was a natural witness and not a chance witness and had no enmity or ill will which would lead him to falsely implicate the accused---Complainant was in the back seat of the car and would have got a good look at the accused when the firing started as that was a day light incident and the accused was not too far from him with an un-muffled face and the firing went on for at least a minute or two---Complainant then a minute or so later identified the injured accused to whom injured had shot and whom he identified as the person who had attempted to rob them and murdered the deceased and fired on injured---Evidence of complainant was found to be reliable, trustworthy and confidence inspiring---Injured was security guard in the car of complainant at the time of incident---Said witness stated that one accused fired at the driver whilst the other fired at him---Deceased was shot in the head and injured received a gunshot wound to his abdomen and left shoulder---Injured fired in self defence and one of the accused was injured on account of his firing whilst trying to escape---Injured was a natural witness and not a chance witness and had no enmity or ill will which would lead him to falsely implicate the accused---Injured was in the passenger seat of the car and would have got a good look at the accused when the firing started as that was a day light incident and the accused was not too far from him with an un-muffled face and the firing went on for at least a minute or two---Importance of said witness was that he fully corroborated the incident---Said witness was injured at the scene and the medical evidence supported his injuries and as such his presence at the scene was not found in doubt---Injured gave his evidence in a natural and straight forward manner and withstood a lengthy cross-examination and as such his evidence was believable---Medical evidence and reports fully supported the eye-witness/prosecution evidence in terms of the manner of injury and places of injury to the deceased and those others who sustained firearm injuries---Only slight anomaly was that Medico-Legal Officer opined that the deceased was hit in the head by a rifle shot as opposed to a pistol---In any event, the reliable, trust worthy and confidence inspiring direct oral evidence in terms of type of firearm used to cause the injury would take preference over medical evidence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal was dismissed accordingly.

ALI HASSAN vs State Ss — 2022 PCrLJN 125 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported