SHER ZAMAN vs State Ss — 2023 YLR 2606 KARACHI-HIGH-COURT-SINDH

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SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---First Information Report lodged with promptitude within three hours of the occurrence---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd, in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Record showed that the FIR was lodged with relative promptitude after only three hours of the incident and that slight delay was caused because the complainant had to take the injured to hospital which was a priority as at least two of the injured had received life threatening injuries and it was necessary to prioritize them in order to save their lives---Recording the memo of arrest and recovery on the spot took some time as such complainant had no time to consult with anyone in order to cook up a false case against the accused who in any event had been arrested on the spot and was named in the FIR as his mind would have been in turmoil following the incident and at that point in time his main concern would have been the condition of the seriously injured rather than putting together a false narrative in order to implicate the accused---Thus, there had been hardly any delay in lodging the FIR and even such slight delay had been fully explained---Said slight delay had neither led to any benefit to the prosecution nor caused any prejudice to the accused and as such slight delay in lodging the FIR based on the particular facts and circumstances of the case was not to fatal to the prosecution case--- Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S.7---Sindh arms act (V of 2013), S.23(1)(a)--- Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---act of terrorism, applicability of---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Based on the particular facts and circumstances of the case, it appeared that the intent of the accused was to avoid his arrest by the police and as such he opened fire on the police with the sole purpose of evading his arrest at the hands of the police, keeping in view that nine FIRs were outstanding against him and he was wanted for many serious offences---Firing by accused had no object, intent, purpose or design to create terror and as such the accused was acquitted of offence under the anti-Terrorism act, 1997. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 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. 103---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Non-association of private witnesses--- Inconsequential--- accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---admitted fact that S.103, Cr.P.C. was not complied with in the present case---However, it is now judicially recognized that in such type of criminal cases, now a days, due to general apathy in the public and fear of reprisals independent people are not willing to act as mashirs to avaoid unnecessarily embroiling themselves in legal process which might have repercussions for them and their family---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Habitual offender and hardened criminal---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries and later on passerby child died---In the present case, the prosecution exhibited nine FIRs in respect of heinous offences in which the accused of present case was a nominated accused, which was the reason why he fired at the police when they came to arrest him---Said fact also indicated that the accused was a habitual offender and hardened criminal---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Medical evidence---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Record showed that the medical evidence and medical reports fully supported the eye-witness/ prosecution evidence---Medical evidence confirmed that the deceased died from a firearm injury to the head; one Police Official received firearm injuries to his wrist, hand and belly and other Police Official received a firearm injury to his chest, and the accused received a firearm injury on his buttock and thigh---No blackening around any of the wounds was found which fit in with the eye-witness evidence that the encounter took place from about 20 paces from the police party and the accused and his co-accused---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence--- Ocular account--- accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Ocular account of the incident had been furnished by three eye-witnesses including two injured Police Officials---Injured eye-witness was not a chance witness as he was a police man on duty sent to arrest suspects---Said witness was injured at the scene as supported by the medical evidence---Said witness had no enmity or ill will to falsely implicate the accused in the present case who in any event was arrested on the spot by another police man---Said witness was not dented despite lengthy cross-examination---Eye-witness gave his S.161, Cr.P.C. statement a few days after the incident despite his injuries which was not materially improved during his evidence---Statement of said witness was found to be reliable, trustworthy and confidence inspiring and as such the same was believable and reliance could be placed on it---Other eye-witness was also injured at the scene of the incident by firearm during the encounter with the miscreants as was corroborated/supported by the medical evidence---Evidence of said witness corroborated the evidence of other injured eye-witness in all material respects and as such the same considerations applied to him as to the other injured witness---Other eye-witness was not a chance witness as he lived in the area and was drinking tea at a local tea shop---Said witness was an independent witness and he was not dented during cross-examination and he gave his S.161, Cr.P.C. statement a few days after the incident---Said witness was an accused in a narcotics case registered at the same Police Station as the policemen involved in the incident and since he gave no description of the accused he would be unlikely to be able to correctly identify him especially as it was a night time incident and he did not know the accused before---In the present case, the evidence of at least two of the eye-witnesses was found to be of very good quality and one of only average quality but it could be believed giving it lesser weight than the two police eye-witnesses---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence--- Minor contradictions in evidence of witnesses---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Record showed that all the witnesses were consistent in their evidence and even if there were some contradictions in their evidence, they 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 time the complainant received the spy information about the whereabouts of the suspects to the complainant calling for police reinforcements, to the police reinforcements being fired upon and injured with a child by stander being injured and killed when the police went to arrest the suspects who opened fire on the police on sight, to the police returning fire to the arrest of the accused on the spot in injured condition from whom an unlicensed pistol was recovered, to a positive Forensic Science Laboratory Report in respect of the recovered pistol and empties recovered at the crime scene---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 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. 342---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Defence plea---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Record showed that the defence case was simply one of false implication by the police---accused did not give evidence on oath---according to accused, he was arrested from a bus stop but he did not produce any defence witness to support his case as such court disbelieved the defence case as an afterthought in the face of reliable, trust worthy and confidence inspiring eye-witness and other corroborative/ supportive evidence against the accused which had not at all dented the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2606 KARACHI-HIGH-COURT-SINDHBookmark this Case SHER ZAMAN VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Recovery of pistol and crime empties---accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---In the present case, the accused was arrested on the spot in an injured condition as proven by the evidence of the police witnesses and the medical evidence and an unlicensed pistol was recovered from him on his arrest on the spot---Empties which were recovered at the scene led to a positive Forensic Laboratory when they were matched with the pistol which was recovered from the accused on his arrest on the spot---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed.

SHER ZAMAN vs State Ss — 2023 YLR 2606 KARACHI-HIGH-COURT-SINDH

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