MUHAMMAD AAMIR vs State Ss — 2022 YLR 484 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AAMIR VS State Ss. 302, 324, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that the accused persons and two unknown culprits started firing at the passengers of the Passenger Van during the course of which the complainant and a passenger sustained bullet injuries, who were shifted to the hospital where injured passenger succumbed to the injuries---Ocular account of the incident had been furnished by five eye-witnesses---all of said eye-witnesses belonged to the same political party as the deceased and were electioneering with them for a common cause yet none of them registered the FIR even when it became apparent that complainant might not be able to do so as he was seriously injured, including driver of the van when it was attacked---Failure of witnesses to lodge the FIR based on the particular facts and circumstances of that case did not appeal to logic, reason or common sense---Eye-witnesses including driver took the injured to hospital by stopping a vehicle---Question arose as to why they did not use the van to transport the injured to hospital which could have been driven especially as he was its driver and was uninjured and the injured was already sitting in the back of that van---Said eye-witnesses were not seen at any hospital after the incident---No document such as inquest report was signed in the name of eye-witnesses at either of the hospitals---No blood stained clothes were recovered from the witnesses to show that they took the injured to the hospital---Witnesses also did not wait to see whether their critically injured friend and complainant would live or die---Instead the witnesses just slipped away from the hospital without telling anyone about the incident for around 11 to 12 days which raised doubts that they ever transported their injured colleagues from the scene of the offence to the hospital and were actually present at the scene of the incident---Such conduct did not appeal to logic, reason or common sense---appeal against conviction was allowed, in circumstances.

MUHAMMAD AAMIR vs State Ss — 2022 YLR 484 KARACHI-HIGH-COURT-SINDH

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