105/2014 Cr.J.A Muhammad Asif (Appellant) V/S The State, (Respondent)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author)

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105/2014 Cr.J.A Muhammad Asif (Appellant) V/S The State, (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author) Order Date: 04-NOV-19 Appellant filed appeal against judgment passed by learned Judge, Anti-Terrorism Court, whereby the appellant has been convicted and sentenced under Section 7(a) of Anti Terrorism Act 1997 to RI for Life Imprisonment and fine of Rs.2,00,000/-. It is alleged that the appellant with one more culprit in furtherance of their common intention on account of failure of the complainant party to pay them Bhatta committed Qatl-eamd of Kamran by causing him fire shot injuries. On arrest from appellant has also been secured unlicensed pistol of 30 bore.It was stated by complainant Imran Ali that on the date of incident, the appellant and absconding accused Mushtaque Ali (Mustafa Ali) came at their confectionary shop, they demanded Bhatta from them, which was refused, on such refusal the appellant fired at deceased 6 Kamran, who after sustaining such fire shot died. Complainant Imran Ali takes support from the evidence of PWs Ali Asghar, Arshad and Muhammad Mehmood . The Complainant and his witnesses were having no reason to involve an innocent person in a false case at the cost of life of the deceased. The delay in lodgment of FIR for few hours was natural and same even otherwise has been explained plausibly by the prosecution. Appeal. It is dismissed.
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