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MURAD alias MANN vs State S — 2022 YLRN 52 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 52 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MURAD alias MANN vs State S
Subject matter
Criminal
Provisions referred to
S. 23---

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

Judgment text as reported

MURAD alias MANN VS State S. 23--- anti-Terrorism Court---Jurisdiction---Scope---Murders in a dwelling house---Scope---Contentions of the petitioner were that as the incident was, admittedly, un-witnessed and no terror amongst the public was spreaded as per FIR and the cause of the offence was due to enmity, as such the provisions of anti-Terrorism act were not attracted--- Validity--- Record revealed that the Trial Court had not only taken cognizance but some of the co-accused persons had been convicted and their appeals were pending ---During the trial of said co-accused, question regarding jurisdiction was not taken while one of the convicts filed application (in that regard) but the same was not pressed---Murders , in the present case, took place in a house situated within a populous locality---after the incident, as per FIR, when the complainant approached the house of the victim family, he saw a good number of people of the locality at the place of incident ---Such an offence inside a house , in which not only the head of the family but his wife and a daughter was brutally slaughtered and valuable articles were looted, surely caused a sense of insecurity amongst the neighbourhood---No plea of enmity was raised in the present case and complainant had only mentioned in FIR that the deceased were murdered by someone owing to enmity---If there was any enmity , the complainant must have disclosed the nature of enmity with the name of the accused---Good number of people from neighborhood having already gathered at the place of occurrence, therefore, it could not be said that it had not spreaded fear and sense of insecurity amongst the people of locality where it happened---act of the accused surely had attracted the provisions of anti-Terrorism act, 1997.

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