Law: Penal Code (XLV of 1860)

Section: 324,353,34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 23(i)(a)

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---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 his duty, common intention, possession of unlicensed weapon, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that during patrolling duty, police party tried to intercept two suspicious persons on a motorcycle, they opened straight firing upon police, with intent to commit their murder and deter them from discharging their lawful duties and official functions---In retaliation, police party also made fire shots upon the culprits in their self defence, consequently, one culprit sustained bullet injury, fell down on the ground and died lateron, while police managed to apprehend the other culprit/present accused---Record showed that co-accused was killed by police firing, which were only two shots---One shot was fired by the complainant and other shot was fired by Police Constable from their SMGs allegedly in retaliation to the firing by the accused party---Circumstances suggested that it was, if at all, a one sided encounter in which neither the police party nor any other person sustained any firearm injury---Even no bullet mark was found on police, motorcycles or any wall of the vicinity or a passerby---Accused persons were apprehended by the police along with weapons on the spot and alleged encounter lasted for few minutes but none from the police party or anybody else from public sustained any scratch on their body was unbelievable---Culprits, who were having pistols and dared to open straight fire on police, suddenly stopped firing after two shots by each though they had more live bullets with them---Stark failure to bring evidence of cause of death of co-accused by police firing in retaliation led to irresistible believe that neither the accused was killed by the police firing in that incident nor he was on the motorcycle with the accused who had not sustained any injury in the encounter with police party---Record further transpired that it was not the case of police that they had reached…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492