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SAMIULLAH vs State Ss — 2024 MLD 44 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 44 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
SAMIULLAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---S; S. 23

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

SAMIULLAH VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---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, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Ocular account doubtful---accused were charged for making firing upon the police party with intention to commit their murder and to evade their arrest---Evidence of prosecution witnesses showed that they all deposed that the accused received firearm injury on his chest---at the time of encounter as per evidence of Police Constable the police mobile was behind the car, thus it was not understandable as to how the accused received firearm injury on his chest---Not only that but it was the case of prosecution that accused received injury while sitting in the car but on inspection of the car no blood was recovered and such fact had also been admitted by witnesses during their cross-examination which created serious doubts about the encounter---Injured was taken to the hospital on the police mobile and the eye-witness also admitted that even from the police mobile blood was not recovered---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---appeal against conviction was accordingly allowed.

Other judgments reported in 2024 MLD

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