Muhammad Ishaq alias Bobi alias Hussain vs State Ss — 2024 MLD 733 KARACHI-HIGH-COURT-SINDH

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Muhammad Ishaq alias Bobi alias Hussain VS State Ss. 302(b), 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Sole eye-witness of the occurrence-evidence of---Reliance---accused were charged for committing murder of deceased advocate by firing---Prosecution case primarily rested, but not exclusively, on the sole eye-witness to the murder of the deceased and in particular his correct identification of the accused---Said witness was not a chance witness as he was a court clerk of the deceased for over 14 months and lived with him at his house, a position which was never challenged at trial---Said witness would have been returning to the house of the deceased in the deceased's car at the time of the incident and as such was a natural witness---Said witness lodged the FIR after a short delay which had been explained as he took the body of the deceased to the deceased's relative which again went to show his closeness to the deceased---Eye-witness gave his S. 161 Cr.P.C statement and there was little improvement in his FIR and S. 161 Cr.P.C. statement to the evidence which he gave at trial---Said witness was not related to the deceased and was an independent witness who had no reason to falsely implicate the accused---Moreover, it was a day light incident and as such the firing was from close range, the witness would have gotten a good look at the accused for a reasonable period of time---according to the evidence of the said witness the firing went on for thirty seconds to one minute which gave him plenty of time to focus on the one motorcycle and the persons driving it and firing from it especially as the traffic was going very slowly under the bridge and the motorcycle had to come close to the car in order to fire at it in heavy traffic---Said witness gave hulia of both the accused in his FIR and picked out both the accused at an identification parade with a specific role---Thus, the evidence of the said witness was found to be reliable, trustworthy and confidence inspiring and was believable especially with regard to the correct identification of the accused persons---Circumstances established that the prosecution had proved its case against the accused except under anti-Terrorism act 1997---appeal was partly allowed in respect of the anti-Terrorism act offences and dismissed in respect of the P.P.C. offences.

Muhammad Ishaq alias Bobi alias Hussain vs State Ss — 2024 MLD 733 KARACHI-HIGH-COURT-SINDH

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