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

Case information

Citation: 2024 PCrLJ 918 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: Ali Hassan Magsi alias Akbar vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---S; S. 23

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

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---Medical evidence supporting evidence of witnesses---accused were charged for committing murder of two friends of the complainant by firing during robbery---Medical evidence fully supported the eye-witness/prosecution evidence---Medical evidence confirmed that both the deceased were brought to hospital suffering from multiple firearm injuries and expired on account of those injuries---Significantly mild blackening was seen on the fore head injury of the deceased which tied in with the accused persons returning to the car and firing at close range (hence the eye witness sitting in the car was able to get a good look at them)---Fact that most of the injuries were not on the legs but other vital upper parts of the body also supported the prosecution evidence that the shots were fired whilst the deceased were sitting in the car as their legs would have been shielded by the car---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.

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