PC MADAD KHAN vs State Ss — 2023 PCrLJN 107 KARACHI-HIGH-COURT-SINDH

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PC MADAD KHAN VS State Ss. 302 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Sentence, reduction in---Medical evidence---Scope---accused were charged for committing murder of the son of complainant and his friend due to the alleged non-stopping of the motorcycle by deceased---Medical evidence supported the prosecution case in that one of the deceased received two fire arm injuries whilst the other received one fire arm injury---No blackening was found around their wounds which fit in with the confession of accused of the shots not being fired from relatively close range and the three bullet wounds roughly tallied with four rounds having been fired by the accused leaving him with only 26 out of the 30 rounds which were issued to him---Both the deceased also received abrasion type injuries which was consistent with their both falling off from the motorbike which they were riding when they were shot which bike was recovered at the scene---Deceased were both unarmed and no weapon was recovered from them when they were taken to the hospital from the spot from where they had been shot and there was no evidence that they ever fired at any time at the police which again fit in with the confession of accused---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt but due to non proving the act of terrorism, the sentence was reduced to imprisonment for life---appeal was dismissed with said modification in sentence.

PC MADAD KHAN vs State Ss — 2023 PCrLJN 107 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported