| Citation(s) |
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| 2025 SLG 3375 2025 SLD 3375 = 2025 SHC 1473 |
Sindh High Court
SPL. CR. A.T. JAIL APPEAL NO.72 OF 2019
Mr.Justice Mohammad Karim Khan Agha Mr. Justice Khadim Hussain Tunio
SPL. CR. A.T. JAIL APPEAL NO.72 OF 2019
Mr.Justice Mohammad Karim Khan Agha Mr. Justice Khadim Hussain Tunio
Appellate: Ali Hassan Magsi Akbar son Of Raheem Bux
VS
The State
Law: Pakistan Penal Code, 1860
Section: 392/34,302/34
Law: Anti-Terrorism Act, 1997
Section: 7(a)
Law: Sindh Arms Act, 2013
Section: 23(1)(a)
Law: Criminal Procedure Code (V of 1898)
Section: 342,382-B
Summary:The High Court of Sindh dismissed the appeal filed by Ali Hassan Magsi and Umar Baloch Magsi, confirming their conviction and sentences for robbery, murder, and possession of illegal arms related to a 2017 incident. The court accepted the eyewitness testimony, corroborative evidence including recovery of weapons, and medical reports, rejecting the defense claim of false implication. However, the court ruled that the case does not qualify as terrorism under the Anti-Terrorism Act (ATA) as there was no intent to create terror. The accused were sentenced to life imprisonment for murder and other concurrent sentences for related offenses.Core Points:The appellants were convicted for robbery (Section 392/34 PPC), murder (Section 302/34 PPC), and possession of illegal arms (Sindh Arms Act 2013).Eyewitness credibility was upheld despite minor procedural irregularities.Delay in filing the FIR was justified due to post-mortem and burial formalities.The…
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