MUHAMMAD NAWAZ vs State Ss — 2024 YLR 670 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAWAZ VS State Ss. 302(b), 324, 353, 393 & 427---Sindh arms act (V of 2013), S.23(1)(a)---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, robbery, mischief causing damage to the amount of fifty rupees, possessing illicit weapon, act of terrorism---appreciation of evidence---Ocular account supported by medical evidence---accused while committing robbery made firing upon guards and police, due to which one guard was injured and SIP died; police also made firing in retaliation, due to which two culprits sustained injuries and later on one died---Complainant/eye-witness was one of the Police Guard placed inside the bank at the time when the incident occurred---Said eye-witness was not a chance witness and had no ill will or enmity with the accused and had no reason to implicate him in a false case---Evidence of complainant was given in a natural manner and he was not dented during cross-examination---Moreover, it was a day light incident where the accused and his accomplice were both arrested on the spot in injured condition by firearm as confirmed by Medico-Legal Officer in his medical evidence and as such there was no reason to doubt his evidence which was found to be reliable, trust worthy and confidence inspiring---Medical evidence and medical reports fully supported the eye-witness/prosecution evidence and confirmed that the deceased died from a gunshot wound---Witness received a gunshot wound to his abdomen and both the accused received fire arm injuries on account of the incident---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, due to some extenuating circumstances, death sentence was converted into imprisonment for life---appeal was dismissed with said modification in sentence.

MUHAMMAD NAWAZ vs State Ss — 2024 YLR 670 KARACHI-HIGH-COURT-SINDH

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