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---Case of acquitted co-accused was different than the accused---Scope---accused were charged for committing murder of the son of complainant and his friend due to the alleged non-stopping of motorcycle by the deceased---Case of the acquitted co-accused was on a different footing to the present accused as they did not make any confession before a Judicial Magistrate, even in the confession of accused, they were only said to be present and were not attributed any firing role which was corroborated by the fact that when they returned their SMG's they also returned all the rounds that had been issued to them---Co-accused also denied their presence at the scene throughout and as such they were rightly acquitted by the Trial Court by extending the benefit of the doubt and no appeal had been filed against their acquittal---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