Muhammad Jamil Ahmed vs State Ss — 2024 PCrLJ 1271 KARACHI-HIGH-COURT-SINDH

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Muhammad Jamil Ahmed VS State Ss. 302, 324, 353 & 34---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, act of terrorism---appreciation of evidence---Sentence, reduction in---accused were charged for committing murder of the cousin of complainant---Police chased the accused and after exchange of firing, two accused were arrested---Record showed that the FIR was registered with promptitude within an hour and 30 minutes of the incident in which the accused had been named and given specific roles of firing at the deceased and encounter with the police where unlicensed pistols were recovered from them on their arrest and as such there was no time for the police to consult and concoct a false case with the complainant---No enmity existed between either the complainant or the police against the accused and thus the complainant and the police had no reason to implicate the accused in a false case---Both the accused were caught red handed, each with an unlicensed pistol and were arrested almost on the spot by the police after an exchange of fire between them and the police, so once again there was no chance of false implication or even misidentification---all the most relevant and significant police entries were exhibited at trial in support of the prosecution version of events---all the witnesses were consistent in their evidence---Evidence of the witnesses provided a believable corroborated unbroken chain of events---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Motive was not proved, which factor could be considered as mitigating and justifying the reduction of the death sentence of the accused to that of life imprisonment---appeal was dismissed with said modification in sentence.

Muhammad Jamil Ahmed vs State Ss — 2024 PCrLJ 1271 KARACHI-HIGH-COURT-SINDH

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