MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 80 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Sentence, reduction in---Contradictions in the statements of witnesses---Scope---accused were charged for committing murder of the son of complainant by firing---Record showed that all the prosecution witnesses were consistent in their evidence---Even if there were some contradictions in their evidence which were minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the conviction of the accused---Evidence of the witnesses provided a believable corroborated unbroken chain of events from the driver taking the deceased to court to the deceased being fired upon whilst he was in the car to the eye-witness seeing and recognizing the accused as the person who he had seen firing upon the deceased then to deceased being pronounced dead on arrival in hospital due to firearm injuries to the arrest of the accused to the identification of the accused before the identification parade---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt, however the alternate sentence of life imprisonment was available, based on the particular facts and circumstances of each case it was sometimes preferable to preserve life as it was found in the present case, thus, death sentence was converted into imprisonment for life---appeal against conviction was dismissed with modification in sentence.

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 80 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported