| Citation(s) |
|---|
| 2017 SLG 1993 2017 SLD 1993 2017 MLD 539 |
Sindh High Court
Criminal Jail Appeal No. D-40 and Criminal Appeals Nos. D-42 and D-44 of 2015, decision & hearing Date : 3-8-2016.
ABDUL RASOOL MEMON, JUSTICE, RASHEED AHMED SOOMRO, JUSTICE
Habibullah G. Ghouri for Appellant (in Criminal Appeal No. D-42 of 2015). Ahmed Bux Abro for Appellant (in Cr. Appeal No. D-44 of 2015). Khadim Hussain Khoonharo, D.P.G. for
Respondent.
Criminal Jail Appeal No. D-40 and Criminal Appeals Nos. D-42 and D-44 of 2015, decision & hearing Date : 3-8-2016.
ABDUL RASOOL MEMON, JUSTICE, RASHEED AHMED SOOMRO, JUSTICE
Habibullah G. Ghouri for Appellant (in Criminal Appeal No. D-42 of 2015). Ahmed Bux Abro for Appellant (in Cr. Appeal No. D-44 of 2015). Khadim Hussain Khoonharo, D.P.G. for
Respondent.
SAMANDAR ALIAS QURBAN AND OTHERS
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 324,353,148,149
Law: Anti Terrorism Act, 1997
Section: 7(h)
Law: Sindh Arms Act, 2013
Section: 23(i)(a)
(a) Penal Code (XLV of 1860)--- ----Ss. 324, 353, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7(h)---Sindh Arms Act (V of 2013), S. 23(i)(a)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of duty, rioting armed with deadly weapon and every member of unlawful assembly guilty of offence committed in prosecution of common object, terrorism, and possession of unlicensed arms---Appreciation of evidence---Allegation against the accused was that they had confined abductees in their premises---Police party had conducted raid in order to get the abductees released---Accused persons made firing upon the Police party with intention to kill them---Police party also fired in retaliation---None from either sides received injury or scratch and no bullet hit to the vehicle---Trial Court had acquitted the accused persons as the abductees had deposed that accused persons present in the court were not the ones who abducted them---Such circumstances cast serious doubt about the veracity of prosecution case, benefit of which would resolve in favour of accused---Appeal was allowed and conviction and sentences recorded by the trial court against accused persons were set-aside in circumstances. Mumtaz alias Laloo v. The State 2015 MLD 1117 and Farooq Ahmed v. The State 2014 YLR 998 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 353, 148 & 149---Anti-Terrorism Act (XXV of 1997), S.7---Sindh Arms Act (V of 2013), S.23(i)(a)---Criminal Procedure Code (V of 1898), S. 103---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of duty, rioting armed with deadly weapon and every member of unlawful assembly guilty of offence committed in prosecution of common object, terrorism, and possession of unlicensed arms---Appreciation of evidence---Police party conducted raid on spy information---Despite having prior information, no effort was made for associating private persons to act as witness and attest the very occurrence, arrest and recovery---Recovery of weapons of offence were effected in violation of S. 103, Cr.P.C. as public witnesses were not joined in recovery…
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