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ABDULLAH vs State Ss — 2024 MLD 134 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 134 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
ABDULLAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---; S. 324

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDULLAH VS State Ss. 324, 353, 186 & 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, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Conviction under S. 324, P.P.C. set aside---Prosecution case was that an encounter took place between the police and four assailants, due to which, one of the accused received a firearm injury on his left shoulder---In the present case, the allegations accused persons "F" & "Y" were that they had actively participated in the attack on the police party and they were arrested on the spot and police recovered a .30 bore pistol each from their possession---Complainant in his cross-examination had admitted that when he had stopped the accused persons they instead of stopping had started aerial firing---Thus, it hardly appeared rational to believe that someone looking to commit another person's murder would fire aerially rather than shooting directly at them---as such, S. 324, P.P.C., was not applicable in the circumstances---Conviction under S. 324, P.P.C, was set-aside, in circumstances.

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