MUHAMMAD DANISH vs State Ss — 2023 YLR 1947 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Minor contradictions in the statements of witnesses---Scope---accused were charged for committing murder of the brother of complainant and his friend---Record showed that all the witnesses were consistent in their evidence and even if there were some contradictions in their evidence, which were considered as 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 persons---Evidence of the witnesses provided a believable corroborated unbroken chain of events from eye-witness witnessing the accused persons shooting and murdering the deceased to the deceased being taken to hospital and pronounced dead to the correct identification of the accused persons at the identification parade to the arrest and recovery of the accused persons to the judicial confessions of the accused persons to the deposit of Rs. 5000 in the Bank account of accused for carrying out the target killings to a positive Forensic Science Laboratory Report in respect of the empties which were recovered from the gutter at the place of the incident with the unlicensed pistols which were recovered from the accused on their arrest---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly. Citation Name: 2023 YLR 1947 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Ocular account of the incident---Scope---accused were charged for committing murder of the brother of complainant and his friend---Ocular account of the incident had been furnished by sole eye-witness---Said witness lived close to the deceased and was not a chance witness---Said witness had seen the occurrence in broad day light from about 20 feet---Faces of accused were uncovered and thus he would have been able to get a good clear unobstructed view of them---Eye-witness recorded his S. 161, Cr.P.C. statement within 48 hours of the incident and apparently he gave the hulia of the accused persons although that was disputed---Said witness stated that he could clearly recognize the accused persons if he had seen them again---Said witness had no enmity with the accused persons and thus had no reason to implicate them in a false case---Prosecution's case was that murder was a target killing based on political affiliation however, the eye-witness was an independent witness without any party affiliation---Record showed that it was found that the eye-witness gave his evidence in a straight forward and natural manner and was not dented during a lengthy cross-examination and as such his evidence was believable---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly. Citation Name: 2023 YLR 1947 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Recovery of weapon of offence and empties---Reliance---Scope---accused were charged for committing murder of the brother of complainant and his friend---although the pistol empty recovered immediately at the wardat did not lead to a positive Forensic Laboratory Report the empties found at the scene and handed over by eye-witness to the Investigating Officer three days after the incident did produce a positive Forensic Laboratory Report when matched with the pistols recovered from the accused on their arrest and as such could be relied upon to link the accused to the murders of the deceased---Even in some cases non recovery of crime empties had not been fatal to the prosecution case where the eye-witness was believed as in the case---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly. Citation Name: 2023 YLR 1947 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Test identification parade---Infirmities---accused were charged for committing murder of the brother of complainant and his friend---Sole eye-witness appeared before an identification parade at a time which was less than one month after the incident and picked out both the accused with a specific role six days after their arrest---although it seemed that the identification parade was not carried out strictly in accordance with the law in that it was a joint identification parade and thus there was a caution as to its legal validity---Slight six days in holding the identification parade was not of much consequence---Factum of the eye-witness picking out the accused at the identification parade with the specific role of shooting the deceased was corroborated by Judicial Magistrate who carried out the identification parade along with his memo. of identification---Evidence of the eye-witness was reliable, trustworthy and confidence inspiring, which was believable especially with regard to the correct identification of the accused as the persons who shot and murdered the deceased and could convict on that evidence provided that there was some corroborative/ supportive evidence--- Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly. Citation Name: 2023 YLR 1947 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Confessional statements, retraction of---Scope---accused were charged for committing murder of the brother of complainant and his friend---Record showed that both the judicial confessions had been made voluntarily and that there object was to state the truth as was apparent from the other evidence on record which fit in with the prosecution case and that there were hardly any procedural irregularities in recording the same and as such reliance could be placed on both the retracted judicial confessions against the accused persons which corroborated/supported the evidence of eye-witness as identifying the accused persons who murdered the deceased by firearm---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly. Citation Name: 2023 YLR 1947 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Police witnesses---Scope---accused were charged for committing murder of the brother of complainant and his friend---Police and Ranger witnesses had no enmity or ill-will towards the accused persons and had no reason to falsely implicate them in the case for example by making up their arrest or foisting pistols on them---Evidence of the police witnesses could be fully relied upon in circumstances---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly. Citation Name: 2023 YLR 1947 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD DANISH VS State Ss. 302, 120 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Delay of two days in lodging the FIR---Scope---accused were charged for committing murder of the brother of complainant and his friend---Record showed that the FIR was lodged after a delay of two days---Reason for the delay in lodging the FIR was that the complainant had to go to the hospital to attend to the deceased and then arranged their burial and thereafter lodged the FIR---Delay in lodging the FIR had been explained---Importantly the FIR was against unknown persons and as such there was no attempt to falsely implicate the accused or any other body or else they might have been specifically named in the FIR---Complainant had no enmity with the accused and had no reason to falsely implicate them and as such it was found that the delay in lodging the FIR was not fatal to the prosecution case as the delay had been explained, the accused were not nominated in the FIR and as such the delay in filing the FIR has not benefited the prosecution or prejudiced the accused---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---appeal was dismissed accordingly.

MUHAMMAD DANISH vs State Ss — 2023 YLR 1947 KARACHI-HIGH-COURT-SINDH

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