Syed ALAM vs State Ss — 2023 YLR 1470 KARACHI-HIGH-COURT-SINDH

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Syed ALAM VS State Ss. 324, 353, 427 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Mitigating circumstances---Scope---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---In the present case, certain mitigating circumstances were found, which warranted reduction of sentences awarded by the Trial Court for the aforesaid offences---admittedly, there was ineffective firing and none of the members of police party had sustained any injury, even no fire shot hit the police vehicle---Besides, while in running position on a motorcycle it was very difficult to fire upon Police Officials, who admittedly were inside the police mobile at the time when the accused started firing, so that it could hit on any vital part of their body which might cause their death which was the main ingredient of S. 324, P.P.C.---Record failed to show as to which of the accused was driving the motorcycle because it was nearly impossible for the accused who was driving the motorcycle to have fired upon the police party---Even from the perusal of Forensic Science Laboratory Report, it was clear that the empties secured from the place of incident matched only two pistols and not three, meaning thereby that only two accused who were sitting on the rear side of the driver had opened fire upon the police party---according to complainant and mashir at the time when the injured accused were being taken to hospital, blood was not oozing from their injuries, whereas according to Medico-Legal Officer when he examined the injuries of the injured accused blood was oozing from the injuries---Clothes of the injured accused were not secured/sealed by the Medico-Legal Officer and/or the police---Sentences awarded by the Trial Court under S. 7 of anti-Terrorism act, 1997, read with S. 324, P.P.C. were set aside, in circumstances, however, accused were convicted for the offence under S.23(1)(a), Sindh arms act, 2013 and each of them was sentenced to undergo RI for two years with fine---Conviction and sentence awarded by the Trial Court to the accused for the offence under S. 353, P.P.C. was maintained---appeal against conviction was dismissed with said modification in sentence. Citation Name: 2023 YLR 1470 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ALAM VS State Ss. 324, 353, 427 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 342---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Sentence, reduction in---Defence plea---Scope---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---Plea taken by the accused in their statements under S.342, Cr.P.C. that they were arrested from their respective houses and booked falsely in the cases, however, in support of such assertion neither they had examined any witness in their defence nor produced any document and even they had not examined themselves on oath as provided under S. 340(2), Cr.P.C. nor had they produced any witness in their defence---although a suggestion was put by the accused to the complainant and mashir that accused was arrested along with his friend, who was released after obtaining bribe and that accused was falsely implicated in the cases as he could not fulfil the demand of the police, however, said suggestion was denied by the witnesses---Said friend of accused had also not been produced as a defence witness to support the version of accused---Besides, the accused had also not succeeded to prove any enmity with the Police Officials---appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1470 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ALAM VS State Ss. 324, 353, 427 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 103---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Sentence, reduction in---Non-association of private witnesses---Scope---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---Record showed that the prosecution case was supported by the recovery of firearm weapons from the accused---In the present case, defence objected that both mashirs were Police Officials and no independent person of the locality was associated as mashir of alleged arrest and recovery---Place of arrest of the accused and the recovery of pistols from their possession was a katcha road leading towards a village which was an unpopulated area---although a Flour Mill was allegedly situated there but it had been explained by prosecution witnesses that said Flour Mill was not in working condition, therefore no body could be available inside the said mill---Time of alleged arrest and recovery was also odd hours of the night i.e. 12.10 a.m. and it could not be expected that private persons would be available in such unpopulated area particularly at such odd hours of the night---No question was suggested to the complainant and witness as to whether the place of incident was a populated area or that any private person was available there at the time of alleged arrest and recovery or for that matter whether the complainant made any efforts to associate any private person to act as mashir of arrest and recovery or not---Plea taken by defence with regard to violation of S.103, Cr.P.C. was of no help to him/them---appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1470 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ALAM VS State S. 7---Penal Code (XLV of 1860), Ss. 324, 353, 427 & 34---Sindh Arms Act (V of 2013), S. 23(1)(a)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon---Appreciation of evidence---Act of terrorism---Scope---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---Record showed that the alleged incident was not committed in a manner which could be said to have the tendency of creating terror, sense of fear or insecurity in the minds of the general public as well as psychological impact created in the mind of the society---Prosecution thus had not succeeded in proving commission of offence under S. 7 of the Anti-Terrorism Act, 1997, by the accused---Appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1470 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ALAM VS State Ss. 324, 353, 427 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Sentence, reduction in---Medical evidence---Scope---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---Record showed that accused sustained injuries during the encounter with police party---Said fact also corroborated the prosecution version, which had been stated in the FIR---accused, after their arrest, were taken to Medical Centre, out of whom accused sustained injuries on their respective legs and after medical treatment and issuance of medical certificate by Medico-Legal Officer, they were brought at the police station where FIR was lodged by the complainant---Said fact was also corroborated by the medical evidence which showed that accused had sustained one injury each on their right leg---Medico-Legal Officer in his cross-examination stated that both accused had sustained injury from their back side and that the injury seemed to be fresh---Said facts supported the prosecution story---appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1470 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ALAM VS State Ss. 324, 353, 427 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Sentence, reduction in---Recovery of weapons of offence and crime empties---Scope---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---Record showed that pistols were recovered from the possession of accused---Recovery of pistols from the accused persons was also corroborated by Forensic Science Laboratory Report---Said reports showed that all three pistols allegedly recovered from the accused were in working condition and secondly, that six empties of .30 bore pistol allegedly secured from the spot matched with two pistols, allegedly recovered from the possession of accused persons---Said report fully corroborated the prosecution story set up in the FIR as well as in the evidence of prosecution witnesses---Empties allegedly secured from the spot matched with only two pistols and not the third one which most probably would have been in possession of the third accused, who would have been driving the motorcycle---Forensic Science Laboratory Report was fully corroborated the prosecution story and recovery of .30 bore pistol from each of the accused---appeal against conviction was dismissed with modification in sentence. Citation Name: 2023 YLR 1470 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ALAM VS State Ss. 324, 353, 427 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees and common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Sentence, reduction in---Prosecution case was that the police party signalled to stop the suspects, but they started firing upon police party with intention to commit their murder, police also made firing in defence---Complainant narrated the whole story of the case as mentioned in the FIR---Mashir, in his evidence, also stated almost similar facts and fully corroborated the version of the complainant---Version of the complainant was also supported by the circumstantial evidence, medical evidence as well as recovery of the firearm weapons from the possession of accused persons---Complainant had also produced roznamcha entry which showed that the complainant along with his subordinates left the police station at the relevant time and date---Timing shown in the roznamcha entry and that shown in the mashirnamas prepared at the spot were matching with each other---appeal against conviction was dismissed with modification in sentence.

Syed ALAM vs State Ss — 2023 YLR 1470 KARACHI-HIGH-COURT-SINDH

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