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

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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--- Recovery of weapons---Reliance---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 against 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 had recovered a total of 4 empties of the same bore as the pistols recovered from the present accused persons---In the absence of a solid ocular account entailing a specific role for each assailant, the only pieces of evidence available were circumstantial evidence---Incriminating piece of evidence available against the accused "F" and "Y" was the recovery of the weapons itself---Putting FIRs in juxtaposition with the Forensic Science Laboratory Report, showed that the relevant weapons recovered from the said accused persons had rubbed numbers---Said fact was mentioned in the FIR, the memo of recovery and in the Forensic Science Laboratory Report, which to an extent suggested that the weapons originally recovered from the said accused persons were the same which later on were received by the Forensic Laboratory---Thus, it had been proved that the accused "F" and "Y" had in fact shot their 30 bore pistols at the place of incident---as such, the elements of S. 353, P.P.C, were satisfied along with S. 23(i)(a) of the Sindh arms act 2013---In such circumstances, the conviction of present accused persons under S. 353, P.P.C and under S. 23(i)(a) of the Sindh arms act, 2013 were maintained with modification in the sentence awarded to them which was converted to one already undergone by them.

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

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