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---Non-recovery of crime weapon---Scope---accused were charged for committing murder of the son of complainant by firing---No pistol was recovered from the accused was irrelevant as when he confessed he was already in custody in another case so he would have got rid of the murder weapon before he was arrested in the other case---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