| Citation(s) |
|---|
| 2015 SLG 2141 2015 SLD 2141 2015 MLD 559 |
Sindh High Court
Special Anti-Terrorism Appeal No. 37 to 39 and ConfirmationCase No. 5 of 2008, decided on 11th April, 2013., DATE ofhearing: 19th, 28th February and 7th March, 2013.
NAIMATULLAH PHULPOTO AND SAJJAD ALI SHAH, JJ
Asif Rauf for Appellant No. 1. Habib Ahmed for Appellants Nos. 2 and 3 Khadim Hussain Khuharo, Deputy Prosecutor General for the State. A.Q. Halepota for the Complainant.
Special Anti-Terrorism Appeal No. 37 to 39 and ConfirmationCase No. 5 of 2008, decided on 11th April, 2013., DATE ofhearing: 19th, 28th February and 7th March, 2013.
NAIMATULLAH PHULPOTO AND SAJJAD ALI SHAH, JJ
Asif Rauf for Appellant No. 1. Habib Ahmed for Appellants Nos. 2 and 3 Khadim Hussain Khuharo, Deputy Prosecutor General for the State. A.Q. Halepota for the Complainant.
MUHAMMAD QASIM alias UMAIRvsThe STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 302, 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, kidnapping for ransom, common intention, act of terrorism---Appreciation of evidence---Sentence, reduction in---Boy of 12/13 years was kidnapped by accused persons for ransom and was done to death---Reliable and cogent evidence had established case against accused persons---Nothing substantial was found in the statements of accused persons recorded under S.342, Cr.P.C. to discredit such confidence inspiring evidence---One of accused persons who was arrested from his house, had admitted that he along with co-accused had kidnapped the deceased, committed his murder, and threw his dead body in Nala---Prosecution witness had also seen accused persons while throwing dead body into the Nala---Defence plea that death of the deceased was accidental, was rightly discarded by the Trial Court---Prosecution witnesses had no motive to implicate accused persons falsely in such heinous crime---Trial Court had properly appreciated evidence on record and rightly come to the conclusion that prosecution had proved its case against accused persons beyond any reasonable doubt---Accused persons were aged about 18 to 20 years at the time of incident, and it was a ground for conversion of their sentence from death to imprisonment for life---Death sentence imposed upon accused persons under S.302, P.P.C., was converted to imprisonment for life---Benefit of S.382-B, Cr.P.C., was also extended to them, in circumstances. Amin Ali and another v. The State 2011 SCMR 323; Ghulam Qadir and 2 others v. The State 2008 SCMR 1221; Hamid Nadeem v. The State 2011 SCMR 1233; Naseem Akhtar and another v. State 1999 SCMR 1744 and Abdul Samad v. State PLD 1964 SC 167 ref. Nazir Shehzad and another v. The State 2009 SCMR 1440; Naseem Akhtar's case 1999 SCMR 1744; Solat Ali Khan v. The State 2002 SCMR 820 and Kamran Ahmad Farooqui and another v. The State SBLR 2013 SC 18 rel. JUDGMENT NAIMATULLAH PHULPOTO, J.---Appellants Muhammad Qasim alias Umair, Farhan Khan and Raheel were tried by learned Anti-Terrorism Court No.III, Karachi in Special case No.48/2006 State v. Farhan Khan and others under…