MUHAMMAD RASHID vs State Ss — 2022 YLR 119 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RASHID VS State Ss. 302, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, abetment, common intention, act of terrorism, possession of unlicensed weapon---appreciation of evidence---Sentence, modification of---accused were charged for committing murder of the deceased by firing and also made aerial firing creating terror in the area---Ocular account had been furnished by sole eye-witness---Record showed that no material contradictions were found in the evidence of the witnesses---Sole eye-witness, who was the driver of the deceased and was not a chance witness, had been working with the deceased for a number of years and was even living in the servant quarters with his family at the deceased's bungalow---Said witness was regarded as a member of the family and his presence at the scene of the crime was not disputed by the defence at trial during cross-examination---Presence of said witness at the scene was natural---Evidence of said witness was precise and to the point---Said witness had no enmity with the accused, he was not an interested witness or related to the deceased in any way---Witness had no reason not to tell the truth---Evidence of said witness was not shaken during cross-examination---Said witness was even honest enough in his evidence to admit that he could only identify the two convicted accused and not the acquitted accused---Evidence of said witness was reliable, trustworthy and confidence inspiring and accused could be convicted on his evidence which was also supported/corroborated by the medical evidence to a large extent---Murder was not committed in a brutal manner by accused and co-accused did not personally murder the deceased and his hulia was not well described in the FIR---Prosecution had proved its case against both the accused persons beyond reasonable doubt---Exercising judicial discretion by the Court, death sentences of both the accused persons were modified into imprisonment for life---appeal against conviction was dismissed with said modification in sentence.

MUHAMMAD RASHID vs State Ss — 2022 YLR 119 KARACHI-HIGH-COURT-SINDH

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