78/2019 Cr.J.A Tarique Ali (Appellant) V/S THE STATE (Respondent)

Sindh High Court2021

Bench: Hon'ble Mr. Justice Omar Sial, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)

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78/2019 Cr.J.A Tarique Ali (Appellant) V/S THE STATE (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Omar Sial, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author) Order Date: 19-JUN-21 Appellant filed appeal against Conviction and Sentenced for the offence U/S 302,338-B, 337-H(2), 386, 114, 34 P.P.C r/w S-7(a) & (h) of Anti-Terrorism Act. Samina wife of Complainant she was signer/artist. At the time of incident she was pregnant of eight months. Samina as usual was singing a song at stage. Tarique Ali, with two unknown culprits, whose faces were open armed with Pistols they by pointing their Pistols asked his wife Mst. Samina that she may sing a song in standing position. On that his wife Mst. Samina told to them that she was running pregnancy On hearing so, they asked my wife Mst. Samina that if she would not sing a song in standing position, then she may be ready for death Tarique Ali Jatoi fired at his wife Mst. Samina, when she was giving instructions to her co artist . She died It was told by the lady doctor that baby in womb of Mst. Samina had also died. The complainant who is the husband of the deceased had changed his entire version given by him in the FIR at the time of recoding his evidence. He completely exonerated the appellant. In the FIR he shows himself as an eye witness while during his examination-in-chief he deposed that he was informed through phone that his wife sustained firearm injury on such he rushed at hospital where he came to know that his wife has already died. Two more eyewitnesses not supported the case of prosecution. Both the witnesses exonerated the appellant and not supported. Criminal jail appeal was allowed Appellant Tarique Ali Jatoi was acquitted of the charge .
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