| Citation(s) |
|---|
| 2022 SLG 3185 2022 SLD 3185 2022 YLR 2163 |
Sindh High Court
Special Criminal Anti-Terrorism Appeals Nos. 4, 5 andCriminal Revision Application No. 36 of 2019, decisionDated: 30th November, 2021.
MOHAMMAD KARIM KHAN AGHA AND KAUSAR SULTANA HUSSAIN, JJ
Mallag Assa Dashti for Appellant (in both Appeals). Muhammad Iqbal Awan, Additional Prosecutor General, Sindh for the State (in Sp. Cr. Anti-Terrorism Appeals Nos. 4 and 5 of 2019). Muhammad Iqbal Awan, Additional Prosecutor General, Sindh for Applicant/S
Special Criminal Anti-Terrorism Appeals Nos. 4, 5 andCriminal Revision Application No. 36 of 2019, decisionDated: 30th November, 2021.
MOHAMMAD KARIM KHAN AGHA AND KAUSAR SULTANA HUSSAIN, JJ
Mallag Assa Dashti for Appellant (in both Appeals). Muhammad Iqbal Awan, Additional Prosecutor General, Sindh for the State (in Sp. Cr. Anti-Terrorism Appeals Nos. 4 and 5 of 2019). Muhammad Iqbal Awan, Additional Prosecutor General, Sindh for Applicant/S
MUHAMMAD REHAN
VS
The STATE
Law: Penal Code (XLV of 1860)
Section: 302(b),324,353,34
Law: Anti Terrorism Act, 1997
Section: 7
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 353 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---Appreciation of evidence---Prosecution case was that the police party tried to stop the motorcycle riders on suspicion of having committed crimes, accused started firing upon the police party with intention to commit their murder, as a result of which, Police Constable was hit and died, police also made firing in retaliation---Complainant was eye-witness and had furnished the ocular account of the incident---Eye-witness lodged the FIR with promptitude where he specifically narrated the incident---Eye-witness had made no material improvements in his evidence from his FIR which was lodged on behalf of the State---Said witness was not a chance witness as he was a uniformed Police Officer on patrol in the area with the deceased (official) on a motor bike performing his official duties---Complainant was not related to the deceased and had no ill will or enmity with the accused in order to implicate him in a false case---Complainant was present at the scene during the incident---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal was dismissed accordingly. Muhammad Umar and Muhammad Fazil alias Rana v. The State bearing Special Criminal Anti-Terrorism Appeals Nos. 213 to 216 of 2016; (Confirmation Case No.05 of 2016) dated 16.05.2019; Mian Sohail Ahmed and others v. The State and others 2019 SCMR 956; Mehmood Ahmad and 3 others v. The State and another 1995 SCMR 127; Javed Khan alias Bacha and another v. The State 2017 SCMR 524; Ihsan Ullah and others v. The State and others 2021 PCr.LJ 1470; Liaqat Ali and others v. The State and others 2021 SCMR 455; Tariq Pervez v. The State 1995 SCMR 1345; Syed Mehroz Mehdi Zaidi v. The State 2020 PCr.LJ 1609; Irfan alias Shani v. The State and another 2020 YLR 372; Khalil Ahmed and another v. The State and another 2021 PCr.LJ 1424; Imran v. The State through VIIth Anti-Terrorism Court inside Central…
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