ABDUL WASAY JOKHIO vs State Ss — 2024 YLR 962 KARACHI-HIGH-COURT-SINDH

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ABDUL WASAY JOKHIO VS State Ss. 302(b), 324, 223, 224 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, escape from confinement or custody negligently suffered by public servant, resistance or obstruction by a person to his lawful apprehension, common intention, act of terrorism---appreciation of evidence---Ocular account supported by evidence of eye-witness---Prosecution case was that the accused persons while in police custody made firing upon the Police Constables and ran away, and due to firing one Police Constable died and another was seriously injured--- Prosecution case primarily rested on the sole eye-witness to the murder of the deceased and his correct identification of the accused as the person who shot and murdered the deceased---Eye-witness was accompanying the accused, and the deceased in private car who were all policemen taking the accused for remand to the Court---Eye-witness knew who accused was as he was accompanying him on remand---Moreover, it was day light and eye-witness was sitting close to accused in the car for at least three hours when the incident took place---as such, based on the particular facts and circumstances of the case no identification parade was required---Eye-witness gave his evidence in a natural manner, and was named as present in the FIR, and was seriously injured during the incident which was supported by the medical evidence---Said witness had no enmity or ill will with the accused and had no reason to involve him in a false case---Said witness was not a chance witness and was not even cross-examined on any aspect of his evidence which could be assumed to be admitted---Thus, the evidence of said witness was found to be reliable, trustworthy and confidence-inspiring---although, co-accused was not charged with murder but only negligence, he, in his S. 342, Cr.P.C statement fully corroborated the eye-witness about the happening of the incident in his presence---Likewise whilst giving evidence under Oath---Therefore court could rely on his S.342, Cr.P.C state-ment and his evidence under oath as being corroborative/ supportive of the eye-witness evidence--- Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed.

ABDUL WASAY JOKHIO vs State Ss — 2024 YLR 962 KARACHI-HIGH-COURT-SINDH

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