Ali Hassan Magsi alias Akbar vs State Ss — 2024 PCrLJ 918 KARACHI-HIGH-COURT-SINDH

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Ali Hassan Magsi alias Akbar VS State Ss. 302(b), 392, 397 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Independent witnesses, evidence of----Reliance---accused were charged for committing murder of two friends of the complainant by firing during robbery---Record showed that two witnesses, who were both named in the FIR as following the car of the deceased in order to have a cup of tea with the deceased at a bakery, both gave evidence to that effect as well as the fact that they saw the accused running away almost immediately after the firing incident and assisted the complainant in taking the deceased to hospital---Said witnesses gave their S.161 Cr.P.C. statements within two days of the incident which they did not improve in their evidence---Said witnesses were not related to the deceased or the complainant and they had no reason to falsely implicate the accused persons in the case whom they did not know and had no enmity with---Said witnesses had given their evidence in a straightforward and natural manner and were not dented at all during cross-examination and as such their evidence was believable in so far as it corroborated the eye witness evidence of the complainant except in respect of the actual shooting which they did not witness---Truthfulness of said witnesses was enhanced by the fact that they did not claim that they saw the shooting from close range or could recognize the accused persons which they could easily have said if they were put up witnesses---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt except the offences under anti-Terrorism act, 1997 thus the sentences under anti-Terrorism act were set-aside---appeal against conviction was dismissed with modification in sentence.

Ali Hassan Magsi alias Akbar vs State Ss — 2024 PCrLJ 918 KARACHI-HIGH-COURT-SINDH

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