ALI TAJ vs State Ss — 2023 SCMR 900 SUPREME-COURT

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ALI TAJ VS State Ss. 302(b), 324, 396, 353, 186, 412, 341, 225 & 148---anti-Terrorism act (XXVII of 1997), S. 7---Murderous assault, acts of terrorism---Reappraisal of evidence---Crime report was lodged just after two hours of the occurrence---Distance between the place of occurrence and the police station was five kilometers, thus, it could be said that FIR was lodged with promptitude---Promptness of FIR showed truthfulness of the prosecution case and it excluded possibility of deliberation and consultation---Both the witnesses of ocular account had sustained injuries during the occurrence, which were fully been supported by the medical evidence---Testimonies of said injured witnesses as well as the stamp of injuries on their person clearly proved their presence at the place of occurrence---Said witnesses had no relationship with the deceased nor had any animosity against the accused persons---In their testimonies said witnesses gave all necessary details of occurrence qua the date, time, place, name of witnesses, manner of occurrence, kind of weapon used in the occurrence and the locale of injuries---Counsel for the accused persons could not point out any reason as to why injured witnesses would involve the accused persons in the present case and let off the real culprits, who had committed murder of not only their colleague (police official) but also of an innocent taxi driver---after their arrest, the accused persons were identified by the witnesses during identification parade, which was conducted under the supervision of a Judicial Magistrate---Said Magistrate categorically stated that an injured witness had identified the accused in unambiguous terms and the process was repeated twice so that no ambiguity could be left and after completion of identification parade, he prepared the form and then issued the certificate---Medical evidence available on the record corroborated the ocular account so far as the nature, time, locale and impact of the injuries on the person of the deceased and the injured witnesses was concerned---according to the report of the Forensic Science Laboratory, the empties were found fired from the pistols recovered from the accused persons---Neither the defence seriously disputed the motive part of the prosecution story nor the witnesses were cross-examined on such aspect of the matter---Jail petitions were dismissed, leave was refused, and the sentences of death awarded to the accused persons were maintained.

ALI TAJ vs State Ss — 2023 SCMR 900 SUPREME-COURT

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