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

Case information

Citation
2024 YLR 962 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ABDUL WASAY JOKHIO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

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---Recovery of pistol from accused and empties from the spot---Reliance---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---No doubt that the pistol which was recovered from the accused by the police in Punjab was the pistol which was owned by and belonged to the accused/Police Official which when sent for Forensic Science Laboratory with the empties recovered at the scene of the crime matched---This directly linked the accused to the commission of the crime---Empties were also not foisted as they were sent soon after the crime before the pistol was recovered for Forensic Science Laboratory and sent again with the pistol for Forensic Science Laboratory once it was recovered which on both occasions led to positive reports---Furthermore, mere delay in sending the pistol for Forensic Science Laboratory in the absence of evidence of tampering would not offset a positive Forensic Science Laboratory Report--- Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed.

Other judgments reported in 2024 YLR

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