HAFEEZ MACHHI vs State Ss — 2022 YLRN 27 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.

HAFEEZ MACHHI VS State Ss. 302(b), 324, 353 & 402---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling for the purpose of committing dacoity---Appreciation of evidence---Benefit of doubt--- Limitation---Condonation of delay---Prosecution case was that the accused party made firing upon the police party with the intention to commit their murder, when they were directed to drop the weapons, police party also made firing in retaliation, however, one police constable was hit and died, accused ran away after taking official weapon of the deceased--- Plea raised by accused that he had given the papers and the fees to his counsel for filing the appeal but his counsel kept him on hopes that he had filed the same and the same would be fixed in the court soon---Accused further stated in application that he had no relative who might pursue his case therefore on information that his appeal was not filed by his counsel he made a jail appeal---Validity---Accused was treated as pauper and court appointed an Advocate to represent him on State expenses---Appeal filed by the co-accused was within time and both the accused were convicted by the common judgment---Keeping in view the conviction awarded by the Trial Court as life imprisonment, which was capital one and the accused was treated as pauper and was represented through Advocate on State expenses and the fact that co-accused had also filed an appeal within time against the same judgment, therefore, the delay in filing of the appeal was condoned.

HAFEEZ MACHHI vs State Ss — 2022 YLRN 27 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported