Case Details

Citation(s)
2024 SLG 2822 2024 SLD 2822 2024 PCRLJ 605
Sindh High Court
Special Criminal Anti-Terrorism Appeals Nos. 160, 161 andConfirmation Case No. 8 of 2021, decided on 16th September,2022.Date of hearing: 7th September, 2022.
Before Mohammad Karim Khan Agha and Zulfiqar Ali Sangi, JJ
Iftikhar Ahmed Shah for Appellant.Ali Haider Saleem, Additional P.G. Sindh for the State.

KIFAYATULLAH---Appellant

VS

The STATE---Respondent

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Law: Anti Terrorism Act, 1997

Section: 37

Law: Sindh Arms Act, 2013

Section: 23

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23---Qatl-i-amd, attempt to commit qatl-i-amd and common intention, un-licensed possession of arms, act of terrorism---Appreciation of evidence---Accused was alleged to have murdered an under trial prisoner while the later was waiting for his call in front of a courtroom---Police officials, who had brought the deceased in the court premises had seen the accused making fire shots upon the deceased---Accused was arrested by them and they had recovered pistol along with live bullets---Third eye-witness was an under trial prisoner who was handcuffed with deceased and was brought with the deceased to the court for attending the case---Said eye-witnesses were independent having no relation with the deceased or having no ill-will with either of the parties and even the same had not been suggested during cross-examination---CCTV footage of the incident was also secured by the Investigating Officer wherein the accused was seen shooting on the deceased---Accused, in his statement under S. 342, Cr.P.C., had admitted the motive set forth by the prosecution that he had murdered the deceased in revenge of his son, whose murder case was pending---Prosecution had proved its case against the accused beyond a reasonable doubt by producing reliable, trustworthy and confidence-inspiring evidence---Impugned judgment was based on sound reasons and did not call for any interference---Appeals were dismissed, in circumstances. Muhammad Din v. The State 1985 SCMR 1046 and Majhi v. The State 1970 SCMR 331 rel. Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142 distinguished. (b) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Sole witness, evidentiary value of---Scope---Sole evidence of a material witness i.e an eye-witness is always sufficient to establish the guilt of the accused if the same is confidence-inspiring and trustworthy and supported by other independent source of evidence because the law considers the quality of evidence and not its quantity to prove the charge---Accused can be convicted if the court finds the direct…
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