HUBDAR alias HUBOO JAGRANI vs State Ss — 2024 YLR 599 KARACHI-HIGH-COURT-SINDH

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HUBDAR alias HUBOO JAGRANI VS State Ss. 324, 353, 186, 224, 225, 427, 337-F(i), 337-H(2), 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---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 public functions, resistance or obstruction by a person to his lawful apprehension, resistance or obstruction to lawful apprehension of another person, mischief causing damage to the amount of fifty rupees, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---accused were charged for making murderous assault on the police party with firing while their companion was arrested, due to which one Police Constable sustained injuries---Record showed that there were material contradictions in the statements of complainant and other prosecution witnesses which were fatal to the prosecution case---Complainant in his evidence deposed that accused persons with Kalashnikovs and repeater started firing upon them, whereas, injured witness had belied such statement by deposing that accused persons with Kalashnikovs and repeater started aerial firing--- Likewise, mashir/eye-witness/ Head Constable contradicted the statement of the complainant by saying that accused persons started aerial firing---Complainant deposed that in such firing one Police Constable got injured whereas, said Police Constable deposed that in the said encounter he became injured by the stones and bricks on his hand---Statement of the complainant was also belied by Senior Medical Officer, who deposed that the injury opined in final Medico-Legal Certificate could be by falling on earth---Injury could have occurred by putting the hand on the vehicle in a hurriedly manner---Injured witness stated that in the said encounter the glass of the police mobile was also damaged---On the other hand, the complainant had not said a single word about the glass of the police mobile being damaged---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was accordingly allowed.

HUBDAR alias HUBOO JAGRANI vs State Ss — 2024 YLR 599 KARACHI-HIGH-COURT-SINDH

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