Case Details

Citation(s)
2016 SLG 2192 2016 SLD 2192 2016 YLR 577
Sindh High Court
Special Anti-Terrorism Appeals Nos. 77, 79 and 80 of 1999and Confirmation Reference No. 23 of 1999, decided on29-01-2015. Dates of hearing: 19th, 20th, 21st August, 1st,8th, 15th and 22nd September, 2008. Date of hearing: 24thNovember, 2014.
DR. RANA MUHAMMAD SHAMIM, ALI SAIN DINO METLO AND ABDUL RASOOL MEMON, JUSTICE
Waqar Shah for Appellants (in Spl. ATA No.77 of 1999).A.Q. Halepota for Appellants (in Spl. ATA No.79 of 1999).Iqtidar Ali Hashmi for Appellants (in Spl. ATA No.80 of 1999).Saifullah, Assistant Advocate General Sindh for the State.Irshad Ahmed Jat

JAVED AHMED SIDDIQUI AND othersVS.THE STATE--Respondent

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 392 & 34---Anti-Terrorism Act (XXVII of 1997), S.7(i)---Qatl-i-amd, robbery, common intention, act of terrorism---Appreciation of evidence---Confession of accused persons, was partly inculpatory and partly exculpatory---Record showed admissions and confession of accused persons, one recorded before the Police and other before the Magistrate under S.164, Cr.P.C.---Accused persons in their statements before the Police, had admitted the murder, but while recording the statements before the Magistrate, they all had shifted the burden as to murder to each other, while admitting the robbery---Accused persons had failed to prove that there was no other evidence to show affirmatively that any portion of the exculpatory element in the confession was false---Prosecution had been able to adduce sufficient evidence bearing on the guilt of accused persons other than the confession---Female accused in her confessional statement had pointed out as to where the dead bodies were lying---Same was corroborated by other accused persons in their confessional statements---All accused persons had admitted the crime weapon to be two churries, which were recovered on the pointation of one of accused persons---Place from where said recovery was effected, was in their exclusive knowledge---All accused persons had clearly stated that they committed murder with two chhurries, which had also been corroborated by medical evidence---Said pieces of evidence, were sufficient to hold that the confessions of accused persons were corroborative in nature---Technicalities agitated by counsel for accused persons should not be considered, especially when those were so minor that same could be ignored in the facts and circumstances of the present case---Evidence had been properly recorded by the Trial Court---Evidence of witness of recovery, was consistent on material aspects, and defence could not shatter his testimony during lengthy cross-examination---Trial Court had carefully examined the evidence of defence witnesses in the impugned ---Counsel for accused persons, had not been able to give a satisfactory reply as to the contradictions in the…
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