55/2015 Cr.J.A Imamuddin (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: 28-OCT-19
Appellant filed appeal against the Judgment where he was convicted and sentenced for the Offence Punishable under Section 302(b) PPC read with section 7(a) of Anti-Terrorism Act, 1997 he is therefore convicted and sentence to death by hanging him by neck till he is dead subject to confirmation by the honourable High Court of Sindh. facts in brief necessary for disposal of instant appeal are that the appellant with one more culprit in furtherance of their common intention not only committed Qatl-e-amd of Zulfiquar Ali by causing him fire shot but caused fire shot injury to PW Muhammad Yasin with intention to commit his murder on account of their failure to pay them Bhatta, and then went away by making fires to create terrorism. On arrest, from the appellant, it is said was secured unlicensed pistol of 9mm bore. Whatever is stated by complainant and his witnesses, on ocular premises, takes support from ancillary evidence. In that situation, learned trial Court was right to make a conclusion that the prosecution has been able to prove its case against the appellant beyond the shadow of doubt. the complainant party and learned counsel for the State too have recorded no objection for modification of death sentence into life, therefore, the death sentence awarded to the appellant is modified with rigorous imprisonment for life with fine of Rs.100,000/-(One Lac) payable to legal heirs of deceased Zulfiquar Ali . Appeal and death reference are disposed of accordinglyFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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