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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---Recovery of pistol on pointation of accused and crime empties from spot---Reliance---accused were charged for committing murder of two friends of the complainant by firing during robbery---accused led the police to the pistol on his own pointation which he had hidden in a place which the police would not know about---Notably the empties recovered at the scene were sent for Forensic Science Laboratory before the pistol was recovered, yet the Forensic Science Laboratory Report revealed that the empties recovered at the scene had been fired from the pistol which once again linked presence of accused directly to the scene of the murder and showed that the empties matching the pistol were not managed in any way---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.

Other judgments reported in 2024 PCRLJ

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