Fayaz alias Fayaz Hussain vs State Ss — 2024 YLR 2586 KARACHI-HIGH-COURT-SINDH

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Fayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 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, ghayr-jaifah-hashimah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---accused were charged that they along with their co-accused made firing upon the police party, due to which complainant was also hit and injured whereas one private person was also hit and died---Record showed that three pistols, used by three brothers living together, were recovered from the same house which was not shocking---Fact that on examination by the lab along with empties collected from the spot, the pistols had been found to have been used in the subject crime was a relevant circumstance linking the accused persons with the offence---Some discrepancies on description of the pistols produced in the Court and accounted in the relevant memo., urged in defense, were not material as far as the main incident and use of such weapons in it by the accused persons was concerned---any error by the Investigating Officer in recording description of the pistols accurately in the memo. at the time of recovery would not hold down their identity as crime weapons, not the least when such fact had been confirmed by the lab report---More so, in the main case, such recovery had been referred to as supporting evidence---In presence of positive report of lab confirming use of said weapons in the offence, mostly based on matching profile with empties recovered from the spot, there were no reason to disbelieve the status of that weapons as crime weapons and infer something not borne out of record available in the case---appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2586 KARACHI-HIGH-COURT-SINDH Fayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 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, ghayr-jaifah-hashimah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Ocular account supported by medical evidence---accused were charged that they along with their co-accused made firing upon the police party, due to which complainant was also hit and injured whereas one private person was also hit and died---In the present case, two eye-witnesses had given first hand account of the incident---Eye-witnesses were consistent in revealing main features of the scene, arrival of the accused on three motorcycles armed with deadly weapons, indulging in firing murdering deceased and injuring complainant and another, and their escape from the scene---Said evidence ran parallel and in alignment with the story disclosed in the FIR---Lengthy cross-examination had not yielded a reply undermining intrinsic value of their evidence suggesting innocence of the accused---Factum of firing and injures by firearms on persons of deceased and injured was established from recovery of fired bullet-castings from the spot and medical evidence recording such injuries---Medico-Legal Officer, without admitting to any aberration casting cloud over genuineness of the story in cross-examination, had revealed all the necessary details that he noted while examining the injured and conducting postmortem of deceased---In his evidence, nothing incongruous and conflicting to the story as set up by the prosecution, had come on record to instill a sense of suspicion in the mind---all the links constituting the chain of events right from incident itself to completion of investigation were completed---Confidence-inspiring eye-account was supported by medical evidence, relevant lab reports of articles collected in the investigation, recovery of crime weapons at the source of accused persons, positive reports identifying them to have been used in crime, evidence of Mashirs verifying various steps of investigation taken by the Investigating Officer including recoveries of incriminating articles from accused persons effected in their presence---Nothing was left out to enforce an element of doubt in the prosecution case---Story rang true; was all encompassing and stood proved from unimpeachable evidence given by the witnesses---appeal against conviction was dismissed, in circumstances. Citation Name: 2024 YLR 2586 KARACHI-HIGH-COURT-SINDH Fayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 148 & 149---anti-Terrorism act (XXVII of 1997), S.7---Criminal Procedure Code (V of 1898), S.174---Police Rules, 1934, Rr.25.31 & 25.33---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, ghayr-jaifah-hashimah, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Initial formalities done by police prior to the lodging of FIR---Not illegal---accused were charged that they along with their co-accused made firing upon the police party, due to which complainant was also hit and injured whereas one private person was hit and died---allegedly before the FIR certain investigation was done like preparation of inquest report, memo. also of place of incident and postmortem which strangely contained mention of crime number, which was illegal and made the entire investigation faulty and unreliable---Mentioning of crime number on the postmortem report was not inconceivable in the age of mobile phones when such things could be easily and conveniently discovered and made a part of the relevant papers before the actual FIR---Letter by the police to the Medico-Legal Officer requesting for postmortem usually contains all the necessary details about deceased and the crime number that has either been or is to be registered in due time---Writing of such a letter would itself posit that the police had been informed of the incident and were on board to ensure completion of all the fundamentals required to be done in law either pre or post investigation---Seen in such backdrop mentioning of crime number on such papers would not appear shocking or a result of some manipulation in the investigation to cause prejudice to the accused---Preparation of inquest report, lash chakas form and conducting postmortem of the deceased before registration of the FIR was not against the law---Such preliminary investigation was conducted in terms of S.174, Cr.P.C read with R.25.31 of the Police R.1934, which mandated the officer in charge of a police station or some other police office, on receiving information regarding unnatural death or sudden death of a person, shall immediately proceed, after sending information to the nearest Magistrate, to the place where such dead body was present and shall act as prescribed by Rule 25.33 of the Police R.1934 and S.174, Cr.P.C---Said provisions of law required him to prevent destruction of evidence, draw up a report of the apparent cause of death describing the wounds, fractures, bruises found on the body and the manner or by what weapons such injury or mark appeared to have been inflicted---Further, in such cases, as is provided by Rule 25.31, if he suspects commission of a cognizable offence, he shall register the case and commence investigation---Legally, initial formalities were to be completed by the Police Official with a view to preserve and record the elementary position and condition subsisting at the spot with regard to the dead body, its surroundings and cause of death (through postmortem) so as to be investigated later on after registration of the FIR if it turns out to be unnatural---Such exercise, therefore, would not make the case of prosecution doubtful and preparation of such reports as illegal---appeal against conviction was dismissed, in circumstances.

Fayaz alias Fayaz Hussain vs State Ss — 2024 YLR 2586 KARACHI-HIGH-COURT-SINDH

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