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---Sindh arms act (V of 2013), S. 25---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, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---accused were charged that they along with their 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---Perusal of record showed that the allegations levelled against the accused persons were collective; in that 30 to 35 assailants attacked upon the police party that had come to raid them---Only general allegations surfaced after a perusal of the testimonies of the witnesses and nothing was brought on record to establish a solid role played by the said two accused persons, in the commission of the offence---Both the said accused persons were empty handed when they were apprehended and prosecution had failed to prove that they had any connection whatsoever with the assailants who had attacked upon the police party---Despite there being no evidence against the said accused persons, they were convicted by the Trial Court and sentenced to imprisonment for life---after perusing the impugned judgment, it was observed that the reasoning adopted by the Trial Court mainly revolved around the accused "N" and not the other two; "S" and "K"---It was an axiomatic principle of law that mere presence of an accused person at the place of incident could never be sufficient to establish that said accused shared common intention in the commission of an offence unless evidence was brought on record to prove so---allegation against accused "N" on the face of the record was that he had participated in the attack on the police party---Said accused was arrested on the spot and police recovered a Kalashnikov from his possession---Complainant had also recovered a total of 167.62 bore empties, the same bore as the Kalashnikov recovered from the accused "N"---Facts proved that the accused "N" had in fact shot his Kalashnikov at the place of incident---as such, the elements of Ss. 324 & 353, P.P.C., were satisfied with respect to him along with S. 25 of the Sindh arms act, 2013---Thus, the prosecution had failed to discharge its burden qua accused persons "S" and "K" beyond reasonable shadow of doubt---appeal against conviction to the extent of said accused persons was allowed, in circumstances.

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

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