Law: Penal Code (XLV of 1860)

Section: 324,353

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Penal Code (XLV of 1860)--- ----Ss. 324 & 353--- Sindh Arms Act (V of 2013), S. 23 (1)(a)--- Attempt to qatl-i-amd, police encounter and recovery of firearms--- Appreciation of evidence--- Recovery of weapons--- Benefit of doubt--- Charge, proof of--- Onus to prove--- Accused was convicted by Trial Court and was variously sentenced with maximum imprisonment upto three years--- Validity--- Recovery of pistol and empties from crime scene were not presented in a clear and sequential manner--- Prosecution was bound to prove its case against accused beyond any shadow of reasonable doubt but no such duty was caste upon accused to prove his innocence--- High Court set aside conviction and sentence awarded by Trial Court as the same was not supported by confidence inspiring evidence and accused was acquitted of the charge--- Appeal was allowed, in circumstances. Shamoon alias Shamma v. The State 1995 SCMR 1377 rel. JUDGMENT AMJAD ALI BOHIO, JUSTICE:---.--- -These appeals are directed against the consolidated judgment, dated o 29.04.2023, passed in Special Case No. 309-A of 2022 (arising out of FIR No. 501/2022 registered at Police Station Pakistan Bazar, Karachi under Sections 324,353,34, P.P.C. read with Section 7 of the Anti-Terrorism Act, 1997) and Special Case No. 309-C of 2022 (arising out of FIR No. 503/2022, registered at the said Police Station under Section 23(1)(a) of the Sindh Arms Act, 2013), whereby the Anti-Terrorism Court No. IV, Karachi ("the trial Court") has convicted the appellant/accused and sentenced him, as under: a. Accused Muhammad Ali son of Ghulamullah Jilani is found guilty for the offences under section 324/34, P.P.C, he is convicted and sentenced to suffer imprisonment for two years, and fine of Rs. 5,000/- (Rupees five thousand), in case of default of payment of fine, he shall further suffer imprisonment for one month. b. Accused Muhammad Ali son of Ghulamullah Jilani is found guilty for the offence under section 353, P.P.C, he is convicted and sentenced to suffer imprisonment for two years, and fine of Rs. 5,000/- (Rupees five thousand), in ca of default of payment of fine, he shall further suffer imprisonment for one month, c.…

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