| Citation(s) |
|---|
| 2025 SLG 4782 2025 SLD 4782 = 2025 SHC 820 |
Special Criminal Anti-Terrorism Appeals Nos. 192, 198 & 799 of 2019 Confirmation Case No. 08 of 2019
MOHAMMAD KARIM KHAN AGHA, J
Parties Appellants: Muhammad Jamil Ahmed through Mr. Munsif Jan and Mr. Umar Khan, Advocates Muneer Ahmed through Fawaid Chatari and Ms. Salina Shahreen Abbasi, Advocates
Respondent: The State through Mr. Mohammad Iqbal Awan, Additional Prosecutor General Dates Date of Hearing: 25.08.2021 Date of Announcement: 31.08.2021
Aziz Khan and an Other V/S The State Sindh High Court, Karachi
Law: Pakistan Penal Code (PPC),1860
Section: 302(b), 324, 353
Law: Anti-Terrorism Act, 1997
Section: 7(1)(a), 7(1)(c), 7(1)(h)
Law: Arms Ordinance, 1965
Section: 13-D
Summary of the Case:
This is a legal judgment from the High Court of Sindh, Karachi, concerning Special Criminal Anti-Terrorism Appeals Nos. 192, 198 & 799 of 2019 and Confirmation Case No. 08 of 2019. The appellants, Muhammad Jamil Ahmed and Muneer Ahmed, were tried and convicted for involvement in firing at the deceased resulting in murder, along with offences related to carrying unlicensed firearms and engaging in an encounter with the police. The trial court convicted them under multiple provisions and sentenced them mostly to death with various concurrent imprisonments and fines. Upon appeal, the High Court maintained the convictions but commuted the death sentences to life imprisonment due to lack of definite proof on who fired the fatal shot and absence of proven motive. The judgments heavily relied on eyewitnesses, forensic evidence, and proper arrest procedures.
Sections Used in the Case:
| Section | Description |
|---|---|
| Section 302(b) PPC | Murder – Intentional killing with punishment of death or life imprisonment. |
| Section 324 PPC | Voluntarily causing hurt by dangerous weapons or means. |
| Section 353 PPC | Assault or criminal force to deter public servant from discharge of duty. |
| Section 34 PPC | Acts done by several persons in furtherance of common intention. |
| Section 7(1)(a) Anti-Terrorism Act, 1997 | Acts of terrorism including causing death. |
| Section 7(1)(c) Anti-Terrorism Act, 1997 | Use of arms in terror-related offence. |
| Section 7(1)(h) Anti-Terrorism Act, 1997 | Illegal possession of arms or ammunition. |
| Section 6(2)(n) Anti-Terrorism Act, 1997 | Punishment for offences under Anti-Terrorism Act. |
| Section 13-D Arms Ordinance, 1965 | Possession and use of unlicensed arms. |