Case Details

Citation(s)
2017 SLG 1167 2017 SLD 1167 2017 PLJ 346
Lahore High Court
Crl. Appeal Nos. 389-T, 417, 450 of 2013, W.P. No. 1550 of 2015 and CSR No. 8-T of 2013, decided on 12.1.2017. Date of hearing: 12.1.2017.
QAZI MUHAMMAD AMIN AHMED, JUSTICE, RAJA SHAHID MEHMOOD ABBASI, JUSTICE
Sardar Muhammad Latif Khan Khosa, Advocate for Appellants. Syed Mumtaz Hussain Shah Sherazi & Sardar Imran Rafique, Advocates for Complainant. Mr. Naveed Ahmad Warraich, D.D.P.P. for State.

IMRAN ALIAS MANI & OTHERS --AppellantS

VS

STATE & OTHERS --RespondentS

Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860) ------ ------ ------ Ss. 302(b) ------ Anti-Terrorism Act, (XXVII of 1997), S. 7(a) ------ Conviction and sentence ------ Challenge to ------ Benefit of doubt ------ It is also mind boggling as to how deceased and his injured companion could possibly track down or identify a single person in thick of populace previously unknown to them and as to why Investigating Officer preferred to keep accused in custody instead of taking him along to point out appellant; no less is intriguing that said person remained busy in his nasty business despite being within view of a police contingent in broad daylight ------ About vendor as well as customer till date ------ Even if this aspect of case is ignored which is certainly not possible without difficulty, yet another question is as to why a duly armed police party comprising of no less than four officials mutely witnessed episode without attempting to rescue their colleagues or using official weapons, when accused came down heavily upon them, well within their view as well as reach; seemingly there was no apparent reason for deceased as well as injured for being in plain clothes, if at all purpose were to conceal their identity, as presence of a police party in uniform alongside them would be antithetical to hypothesis ------ Unless anonymity is warranted in a particular situation, requirement of official uniform cannot be dispensed with by officials of a law enforcement agency; it is not an ordinary piece of fabric, as it epitomizes sovereign authority of Republic; presence of deceased and injured in plain clothes alongside police party in uniform is beyond comprehension ------ Involvement of entire family at crime scene including an elderly lady in a chance encounter is no less surprising either ------ Site plans without scale as well as with other scale do not depict any abode/residence wherefrom accused could possibly emerge to confront police party; in this backdrop, hypothesis of presence of entire family at venue is far from being confidence inspiring ------ These circumstances taken together spell out a scenario diametrically incompatible with case set up in complaint and…
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