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

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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---Contradictions in statements of eye-witnesses---accused were charged for making firing upon the police party with intention to commit their murder and to evade their arrest---Record showed that the complainant stated that the accused persons were firing upon them from both sides, out of which one of the fired bullets hit on the hood of the police mobile---Police Constable did not support such aspect of the story narrated by complainant and during examination-in-chief, he deposed that their police mobile received bullet on its body i.e. hood---Complainant during his examination-in-chief deposed that after the driver of the vehicle received firearm injury, he by leaving the car started running---Police Constable deposed that after bullet injury was received by the driver of vehicle, his car hit one motorcycle and stopped and the person sitting inside came out from the said car---Police Constable did not utter a single word that the injured person was trying to run away---arrest of the accused persons as narrated by the prosecution was doubtful as complainant during cross-examination stated that firstly police party apprehended the first accused and then two remaining accused persons surrendered themselves immediately---again complainant stated that one accused was arrested from outside the car and two accused persons were arrested from inside the car---Police Constable during the cross-examination stated that all three accused persons were apprehended from outside the car---From the said evidence of two important eye-witnesses of the prosecution, arrest of all three accused persons as well as injury received by accused had become doubtful---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.

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

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