KHALID vs State Ss — 2024 YLR 1497 KARACHI-HIGH-COURT-SINDH

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KHALID VS State Ss.302(b), 324, 353, 186, 395 & 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, obstructing public servant in discharge of his public functions, dacoity, common intention, act of terrorism---appreciation of evidence---act of murder and terrorism, applicability of---accused were charged that they along with his co-accused made firing upon the police party, due to which Head Constable was hit and died, and police weapon was also taken away by the co-accused persons---Matter of record that the allegations in the FIR were general in nature and were against a collective amount of 30 to 35 people---None of the prosecution witnesses deposed as to who out of those 30 to 35 people had shot at the martyred Head Constable---Nothing was brought on the record to suggest that the bullets fired by the accused "N" had hit the deceased and caused his death---No other iota of evidence was available to suggest that the accused was involved in the murder---as such, in the absence of any viable evidence, conviction under S. 302, P.P.C., could not sustain---Nothing was brought on record to suggest that the accused "N" possessed the intention, design or purpose to cause harassment to any part of the society---Prosecution witnesses failed to dispose regarding the exact place of incident and the population in the vicinity to suggest that the people in the area were harassed or frightened in any manner---For an act to be considered terrorism, it must either be an offence punishable under S. 302, P.P.C., where the victim was a Police Officer, member of the armed forces or a public servant---Even otherwise, if S. 302, P.P.C., was considered, the presence of deceased-martyr Head Constable in his official capacity was at dispute---Prosecution witness deposed that the deceased was not posted at the given place of incident, as such was not considered a Police Official at the given time---Prosecution also alleged that deceased was available in his civil clothing at the time of the incident, which further strengthened the said point---However, since the conviction under S. 302, P.P.C., could not sustain, its applicability did not stand---Circumstances established that the prosecution had proved its case against the accused "N" under Ss. 324 & 353, P.P.C. & S. 25 of the Sindh arms act, 2013---Resultantly, conviction and sentence awarded to the said accused under S. 302(b), P.P.C., and under S. 7 of the anti-Terrorism act, 1997, were set-aside, however his conviction and sentence under Ss. 324 & 353, P.P.C. and S. 25 of the Sindh arms act, 2013 were maintained---appeal was dismissed with said modification of sentence.

KHALID vs State Ss — 2024 YLR 1497 KARACHI-HIGH-COURT-SINDH

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