Kosar alias Munna vs State Ss — 2024 MLD 872 KARACHI-HIGH-COURT-SINDH

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Kosar alias Munna VS State Ss. 302(b), 324, 353 & 34---Sindh arms act (V of 2013), S.23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, 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 proved---Prosecution case was that an encounter took place which resulted into death of one accused and one on duty Police Constable---Ocular account of the incident had been furnished by four witnesses---Complainant, who was also eyewitness of the incident, was not a chance witness as he was on patrol at the time of the incident---Complainant was not related to the deceased and had no ill will or enmity with the accused and had no reason to falsely implicate him in the case---Moreover, it was a day light incident where the accused was arrested on the spot with the help of the Mohalla people who had gathered there and thus there was no case of mistaken identity---First Information Report which named the accused and narrated the incident was lodged with promptitude and no significant improvements were in its content during the course of his evidence---Complainant gave his evidence in a natural manner which was not dented despite a lengthy cross-examination---Evidence of the complainant was found to be reliable, trust worthy and confidence inspiring---Other eyewitness was present on patrol with complainant at the time of the incident---Evidence of said eyewitness corroborated with evidence of complainant in all material aspects with some minor discrepancies which were not found to be material---Remaining two witnesses lived in the same street where the encounter took place and were not chance witnesses and gave evidence that they heard the firing and that after the firing they came out of their houses and saw the accused being grabbed and maltreated by mohalla people before being arrested by the police---Said witnesses had no enmity or ill will towards the accused and had no reason to give false evidence against him---Evidence of said two witnesses also fit in with the evidence of other witnesses who reached the crime scene after the incident and they were not dented during cross examination and as such their evidence was believable---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt for the offences under P.P.C---appeal against conviction was dismissed, in circumstances.

Kosar alias Munna vs State Ss — 2024 MLD 872 KARACHI-HIGH-COURT-SINDH

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