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ABDUL JABBAR alias JABI vs State Ss — 2024 YLR 1461 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1461 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ABDUL JABBAR alias JABI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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

ABDUL JABBAR alias JABI VS State Ss. 302(b), 324, 353, 395, 114, 148 & 149---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, dacoity, abettor present at the time of commission of offence, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Eye-witness failing to prove his presence at the time and place of incident---accused was charged that he along with his co-accused committed murder of a Police Constable and robbed his official weapon---Perusal of the station diary reflected that all the major details regarding the incident were mentioned in the dairy but the name of accused did not transpire in the station diary---However, name of the accused had been mentioned by the police in FIR---Sole eye-witness could not explain his presence at the time of incident---Said witness deposed that at the time of actual occurrence, he had gone for urinating---Eye-witness allegedly heard the gunshot and immediately returned back and saw the accused---Story as narrated by the said witness did not appeal to a prudent mind---Evidence of the said witness was not believable as question was how he escaped if the incident had actually taken place in the manner as narrated by the Police Constable, who was sole eye-witness of the incident---Said evidence was neither trustworthy nor confidence inspiring---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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