THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.204 of 2015

Confirmation Case  No.03 of 2015

                      Present:

                                   Mr. Justice  Naimatullah  Phulpoto 

                                                                        Mr.  Justice Rasheed Ahmed Soomro

                                               

Appellant                              :           Aijaz Nawaz alias Baba son of Sarfaraz                                                               Nawaz through Mr. Muhammad Ramzan,                                                          advocate

                                                                                                                       

Respondents                         :           The State through Mr. Mohammad Iqbal                                                             Awan, Deputy Prosecutor General Sindh.

 

Date of hearing:                    :           10.09.2018

 

Date of announcement        :           25.09.2018

 

J U D G M E N T

NAIMATULLAH PHULPOTO, J.- Aijaz Nawaz appellant was tried by learned Sessions Judge Malir, Karachi in Sessions Case No.497 of 2012 for offences under sections 392, 397, 302, PPC. After full-dressed trial, by judgment dated 25th August 2015, appellant was convicted under Section 302(b), PPC, as Tazir and sentenced to death. Appellant was directed to pay compensation of Rs.100,000/- in terms of Section 544-A, Cr.PC to the legal heirs of the deceased Muddasir Hayyat, in default thereof the appellant was ordered to suffer S.I. for six months more. Appellant was also convicted under Section 393, PPC and sentenced to 3 years R.I. and to pay fine of Rs.10,000/-, in default thereof the accused shall suffer S.I. for 3 months more. Death sentence awarded to the appellant was subject to the confirmation by this Court. Trial court has made confirmation reference to this Court in terms of Section 374, Cr.PC.

 

2.                  Brief facts of the prosecution case, as disclosed in the FIR are that on 26.05.2012 at about 07:55 a.m., ASI Muhammad Aslam along with his subordinate staff was performing patrolling duty, when police party reached at Korangi crossing chowk, it is alleged that police heard fire shot report from U-Fone Franchise office, on which police party proceeded to the U-Fone Franchise where police saw that accused having pistol in his hand was standing near a car on driver side. It is alleged that accused was apprehended by the police. On inquiry, he disclosed his name as Aijaz Nawaz alias Baba. Pistol was recovered from the possession of accused with 5 live bullets in its magazine. Police saw that one person was lying injured in the car on driver seat and a girl was sitting on the rear seat of the car. On inquiry, she disclosed her name as Muqadas Hayyat and informed the police that apprehended accused during the course of robbery has caused fire shot injury to her brother Muddasir Hayyat. Accused was arrested, mashirnamma of arrest and recovery was prepared in presence of mashirs. Injured Muddasir Hayyat was referred to the JPMC by the police for examination, treatment and certificate. Police recorded statement of Khizr Hayyat, father of Muddasir Hayyat in which he stated that on 26.05.2012 his son Muddasir Hayyat along with his sister Muqaddas Hayyat left home in a car bearing Registration No.AGB-053 to drop her sister at Korangi crossing Bus stop, as Muqaddas Hayyat had to go to Dow Medical College. It is alleged that at about 07:55 a.m., his daughter Muqaddas Hayyat informed the complainant (father) on mobile phone that while they were waiting in the car for University’s point near U-Fone Franchise, two culprits appeared on motorcycle and attempted to snatch mobile phone from Muddasir Hayyat, to which he resisted, which caused annoyance to the culprit and one culprit fired upon him, which hit him. After hearing such news, complainant rushed to the place of incident, his son Muddasir Hayyat was lying injured on the driving seat of car. Police had apprehended one of the culprits at the spot, who disclosed his name as Aijaz Nawaz while other culprit made his escape good. Injured Muddasir Hayyat was removed to JPMC for treatment, from where injured was referred to the National Medical Center, Kalapul for better treatment. Thereafter, FIR of the incident was lodged on 26.05.2012 at 11:30 a.m. vide Crime No.149/2012 under sections 392, 397, 324, PPC.

 

3.                  Investigation was carried out by SIP Akbar Hameed Ghouri. He inspected place of wardat on 26.05.2012, blood stained articles were collected, photographs of place of incident as well as of car were taken. IO recorded 161, Cr.PC statements of PWs. He dispatched blood stained articles to the chemical examiner. Pistol and empty were sent to the ballistic expert for opinion. He went to the hospital for recording the statement of the injured but he could not record such statement as injured was unconscious. Injured succumbed to the injuries on 29.05.2012. IO collected medical certificate showing cause of death of deceased. Investigation officer added section 302, PPC. IO produced accused Aijaz Nawaz on 02.06.2012 before the Judicial Magistrate, Malir for holding identification parade through eye witness Ms. Muqadas Hayyat (sister of the deceased). After usual investigation, challan was submitted against the accused Aijaz Nawaz under sections 392, 397, 302, PPC, showing co-accused Naveen alias Naveed alias Joji as absconder.

 

4.                   Learned trial court after completing the formalities, ordered the case to proceed against absconding accused Naveen under section 512, Cr.PC, proceedings under sections 87 and 88, Cr.PC were concluded against him.

 

5.                  Trial court framed charge against accused Aijaz Nawaz at Ex.2. Accused pleaded not guilty and claimed to be tried.

 

6.         At the trial, prosecution examined nine prosecution witnesses. Thereafter, prosecution side was closed.

 

7.         Statement of accused was recorded under section 342 Cr.PC at Ex.17, in which he denied the prosecution allegations and claimed his false implication in this case. Accused raised plea that investigation officer failed to arrest real culprit and booked him in this case falsely. Accused neither examined himself on oath in disproof of the prosecution allegations nor examined any witness in defence, though trial court provided him a fair opportunity.   

 

8.         Learned trial Court after hearing the learned counsel for the parties and assessment of the evidence, vide judgment dated 25.08.2015 convicted the appellant and sentenced him to death as stated above. Hence, appellant filed this appeal. By this single judgment, we intend to dispose of the aforesaid appeal as well as Confirmation Reference No.03/2015 made by trial court.

 

9.         Mr. Muhammad Ramzan, learned advocate for the appellant has argued that prosecution has failed to prove its case against the appellant beyond any shadow of doubt; that according to the case of prosecution Ms. Muqaddas Hayyat was sitting in the car with deceased but not a single injury was caused to her and her conduct was unusual; that nothing was snatched by the accused from the deceased. He submits that according to the prosecution case, incident had occurred at about 07:55 a.m. but surprisingly police reached within 10 minutes from the distance of one kilometer. Learned advocate for the appellant further argued that it is unbelievable that after commission of offence, appellant was standing at the place of incident and police arrested him. It is argued that nothing was snatched by accused and prosecution has failed to prove the motive for commission of offence. It is argued that PW-5 Mukhtiar Ahmed claimed to be the eye witness and stated that accused was caught hold by the public and he was given beating but no injury was found on the person of accused. Mr. Muhammad Ramzan argued that according to the case of prosecution, accused was caught hold at the spot, then holding of identification parade was highly doubtful. It is also submitted that postmortem examination of the deceased was not conducted as such cause of death of the deceased remained shrouded in mystery. It is contended that witnesses, in the present case, had made dishonest improvements in order to bring the case in line with medical evidence. It is further argued that complainant is the father of the deceased and Ms. Muqaddas Hayyat is the sister of the deceased, as such, they are interested witnesses and their evidence required independent corroboration, it was lacking in this case. Lastly, argued that prosecution has failed to prove its case against the appellant. In support of his contentions, he relied upon the following cases:

1.   2017 SCMR 724 (Nasrullah alias Nasro Vs. The State)

2.   2017 SCMR 144 (Muhammad Sadiq Vs. The State)

3.   2017 SCMR 344 (Sardar Bibi & another Vs. Munir Ahmed & Others)

4.   2018 SCMR 772 (Muhammad Mansha Vs. The State)

5.   2018 SCMR 506 (G. M. Niaz vs. the State)         

6.   2017 PCr.LJ 114 (Sajjad Bhatti & Others vs. the State)

7.   1983 SCMR 428 (Arif Hussain & Another Vs. The State)

8.   2009 PCr.LJ 444 (Akhtar Hussain alias Kaka Vs. The State)

9.   2015 SCMR 315 (Pathan Vs. The State)

 

10.       Mr. Mohammad Iqbal Awan, learned D.P.G. appearing for the State argued that prosecution has succeeded to prove its case against the appellant; prosecution story was natural and believable. According to the case of prosecution, deceased Muddasir Hayyat took his sister to drop her at the bus stop in a car; accused tried to snatch mobile, on resistance, accused fired upon the deceased. Learned D.P.G. argued that evidence of Ms. Muqaddas Hayyat corroborated by medical evidence was sufficient to prove the prosecution case. Learned D.P.G. submitted that ocular evidence was corroborated by the medical evidence. Empty recovered from the car of the deceased matched with the pistol recovered from the possession of the accused as per FSL report. It is also argued that Ms. Muqaddas Hayyat identified the appellant/accused in identification parade by assigning role and he was also identified in the trial court. As regards to non-performance of postmortem examination, learned D.P.G. argued that cause of death was due to fire arm injury and other particulars have been mentioned in the certificates produced before the trial court. Learned D.P.G. further argued that factum of Qatl-i-Amd has been independently established through strong evidence, mere fact that postmortem was not conducted has no material effect or legal consequence. Learned D.P.G. prayed for dismissal of the appeal. In support of his contentions, learned D.P.G. has relied upon the following cases:

 

1.      2006 SCMR 1857 (Muhammad Ehsan Vs. the State)

2.      2009 SCMR 99 (Ijaz Ahmad vs. The State)

3.      2007 SCMR 641 (Ashfaq Ahmed Vs. The State)

4.      1998 SCMR 1778 (Abdur Rehman Vs. The State)

5.      NLR 2002 Criminal 339 (Muhammad Ilyas, etc. Vs. The State)

6.      PLD 2007 SC 104 (Zaigham-ur-Rehman alias Zaigi Vs. the State)

7.      PLD 2007 SC 453 (Mst. Nazakat Vs. Hazrat Jamal and another)

8.      2013 PCr.LJ 1461 (Salam alias Toor Jan Vs. The State)

 

11.       After hearing the learned counsel for the parties, we have scanned the entire evidence.

 

12.       As regards to the unnatural death of deceased Muddasir Hayyat is concerned, PW-8 Dr. Muhammad Hassan has deposed that on 26.05.2012 he was posted as Medical Officer at Intensive Care Unit of National Medical Center, Karachi. On that date, injured Muddasir Hayyat, aged about 25 years, was brought by his parents from JPMC for treatment; injured had received fire arm injury on his left eyebrow penetrating to brain and exit was on occipital region. Despite medical intervention, injured could not survive and expired on 29.05.2012 at 09:30 a.m. He issued medical certificate of deceased Muddasir Hayyat, showing cause of death as cardio-respiratory arrest due to brain death secondary to gunshot injury over the head. He issued such certificate at Ex.6/C. Dr. Muhammad Hassan has been cross-examined by the defence counsel.

 

13.       P.W. 7 Dr. Nasreen Qamar has deposed that she was serving as Senior Medical Officer at JPMC and she had worked with Dr. Manzoor Memon, who was MLO, JPMC. She is well conversant with his signatures and handwriting. She further stated that Dr. Manzoor Memon has been murdered in the year 2014. She produced medico legal certificate issued by Dr. Manzoor Memon, in respect of injured Muddasir Hayyat at Ex.11/A. Medical officer has described injury in certificate dated 26.05.2012 as under:-

 

“Fire arm wound of entry over left eye ball, incasing 0.5 cm margin inverted, blood oozing out from eye ball.

 

Fire arm wound of exit over left parietal region, incasing 1 cm in diameter margin everted.”

14.       As regards to the contention of the defence counsel that postmortem examination of the deceased was not conducted, the factum of Qatl-i-Amd of Muddasir Hayyat has been independently established through strong and convincing evidence by Dr. Muhammad Hassan and Dr. Nasreen Qamar. In medical certificates, nature of injury and use of firearm are mentioned. Mere fact that postmortem examination was not conducted has no material effect or legal consequences for the reason that deceased had sustained firearm injury at head. Non-performance of postmortem would not be fatal to the prosecution case as held by the Honourable Supreme Court in the case of  Abdul Rehman vs. The State (1998 SCMR 1778). We, therefore, agree with the trial court that deceased Muddasir Hayyat died unnatural death in the result of firearm injury as described by medical officer.

 

15.       As regards to ocular testimony, according to prosecution evidence deceased Muddasir Hayyat took his sister, namely, Ms. Muqaddas Hayyat on 26.05.2012 in a car to drop her at bus stop for Medical College, both reached at the Bus Stop, Korangi Crossing at 07:55 a.m. Brother and sister were waiting in a car for Bus, in the meanwhile, two persons appeared on motorcycle, one accused came to car, drew pistol for snatching the mobile from Muddasir, who was sitting on the driving seat and Muqaddas Hayyat was sitting on the rear seat of the car. Her brother resisted and present appellant fired upon Muddasir Hayyat, which hit him at forehead. Whole incident was closely seen by his sister Ms. Muqaddas Hayyat, the main eye witness of the incident. PW-2 Ms. Muqaddas Hayyat is educated girl, aged about 23 years, it was day time incident, her presence with her brother in a car at the time of incident has not been denied. She had no motive to falsely implicate the accused in the murder of her brother. Evidence of                    Ms. Muqaddas Hayyat has also been corroborated by medical evidence. One most important circumstance came on record is that Dr. Manzoor A. Memon, MLO, JPMC in the certificate dated 26.05.2012 has mentioned that injured Muddasir Hayyat was brought in medical center by Ms. Muqaddas Hayyat. Presence of Ms. Muqaddas Hayyat with brother at the time of incident is fully established. She has categorically deposed as under:

 

“This incident had taken place on 26.05.2012. At that time, I was studying in Dow Medical College. At about 07:50 a.m. I along with my brother Muddasir Hayyat left the house in our Mehran Car. My brother had taken me to drop at Korangi Crossing stop, wherefrom I had to go to College in College Bus. We reached at bus stop and were waiting for College Bus, when a person having pistol in his hand knocked the glass window of our Car and asked us to handover our mobile phones, which we did not give him on which, he fired from his pistol, which hit head of my brother Muddasir Hayyat, resultantly, he fell down and went unconscious. Meanwhile, on fire shot report police mobile reached at the place of incident, apprehended the said culprit and recovered pistol from him. I also informed my father about the incident, he came at the place of incident and called ambulance for removing my brother to Hospital for treatment. We thereafter went to Hospital. On 29th May 2012, my brother Muddasir Hayyat succumbed to his injury at National Medical Center, Kalapul. Police also recorded my statement. I received a notice for appearance on 2nd June 2012 before the Judicial Magistrate for identification test of the accused, where I identified the accused in a row of 10 persons to be the same assailant, whose name later on was disclosed to be Aijaz. The Judicial Magistrate also prepared such memo of identification test and obtained my signature on it. I produce the memo of identification test at Ex.5/A, it is same, correct and bears my signature. Accused Aijaz present in Court is same culprit.”

    

            Ms. Muqaddas Hayyat PW-2 in her cross-examination remained firm on all major particulars of the case i.e. date, time and place of occurrence. She had no enmity with the appellant to falsely implicate him in the present case. Incident had taken place at 07:55 a.m. on 26.05.2012 whereas FIR was registered on the same day at 11:30 a.m.

 

16.       PW 4 ASI Aijaz Khan had deposed that on 31.05.2012 accused Aijaz Nawaz was under arrest in this case and led the police party, headed by SIP Akbar Hameed Ghouri to the house and produced motorcycle lying in parts from a room. It was secured in presence of the mashirs, such mashirnama was prepared at Ex.7/A.

 

17.       PW 1 Khizar Hayyat (father of the deceased) has narrated the same facts as mentioned in the FIR, which have been elaborately mentioned in the judgment dated 25.08.2015 passed by trial court and, therefore, the same may not be reproduced here so as to avoid duplication and unnecessary repetition.

 

18.       PW 6 ASI Muhammad Aslam has stated that on 26.05.2012, he along with his subordinate staff left police station for patrolling vide Roznamcha Entry No.16. During patrolling, at about 07:55 a.m. when police party reached at Korangi crossing, heard firearm report near U-Fone Franchise office. Police party proceeded and reached at the place of incident, where saw a boy having pistol in his hand, standing near the driving seat of the Car bearing No.AGB-053. He arrested him and secured 30 bore pistol from his possession. ASI recovered one empty bullet from the place of incident. Accused had no license for the weapon carried by him. ASI found one person lying injured in the car on driving seat and a girl was sitting on passenger seat, on inquiry, she narrated the incident to ASI Muhammad Aslam. He referred immediately the injured to hospital for treatment and sealed the case property at the spot, arrested the accused in presence of mashirs. ASI recorded statement of Khizar Hayyat, father of the injured vide Crime No.149/2012 for offences under sections 392, 397, 34, PPC. He lodged separate FIR No.150/2012 for offence under section 13(d) of the Arms Ordinance against the accused. Injured succumbed to injures in hospital; investigation was assigned to SIP Akbar Hameed Ghouri, who visited place of wardat, prepared mashirnama of the place of incident, recorded statements of PWs under section 161, Cr.PC and sent empty bullet and pistol to the expert for opinion and blood stained articles to the chemical examiner for report and submitted challan against the accused.

 

19.       Complainant Khizar Hayyat (father of the deceased) PW-1 had received telephonic call made by his daughter Ms. Muqaddas Hayyat, who was with the deceased at the time of incident, had reached at the place of occurrence, soonafter the incident. Complainant had also seen the accused, who was caught hold by the police at the spot.

 

20.              There is no legal force in the contention of the learned advocate for the appellant that complainant is the father of the deceased and Ms. Muqaddas Hayyat, the eye witness of the incident, is sister of the deceased, as such, they are related to deceased and interested witnesses. Evidence of Ms. Muqaddas Hayyat and Khizar Hayyat could not be rejected on the sole ground of relationship for the reason that they had no motive to falsely implicate the present accused in the murder of the deceased. Reference may be made to the law laid down in the case reported as RAQIB KHAN v. The STATE (2000 SCMR 163), Honourable Supreme Court has held as under:-

 

“11.     The contention that a witness who is related to the deceased is an interested witness, has since long been discarded by this Court. It is settled proposition of law by now that interested witness is the one who has an animus for false charge. Mere relationship of a witness to the deceased is not enough of a reason to discard his testimony because such a witness is necessarily not an interested witness in the true sense of the term. This Court has gone to the extent that even evidence of interested witness is always not discarded. Reference may be made to the law laid down by this Court in Niaz v. State (PLD 1960 SC 387) which was reiterated again in Nazir Hussain v. State (PLD 1965 SC 188). In Aslam and another v. The State (1997 SCMR 1284), a Full Bench of this Court had reiterated the law on this score that "in the final analysis, it is neither the relationship of the witnesses with the deceased or that of the P.Ws. inter se nor in the appropriate cases even their being the interested witnesses that provided an ultimate guidance for according credence to their testimony. It is ultimately inherent worth of evidence of a witness that determines his reliability."    

 

            It is also settled position of law that eye witnesses being relative of the deceased it would be their endeavor to see that real culprits are punished and they would not like to implicate a wrong and innocent person in the crime so as to allow the real culprit to go unpunished.

 

21.              In our considered view, evidence of Ms. Muqaddas Hayyat (sister of deceased) PW-2, is quite reliable for the reasons that she was student of MBBS of Dow Medical College, it was day time incident, she was present with her brother in the car, she has given the details of the incident minutely. Her evidence appears to be quite natural and believable. As regards to the contention of learned counsel for the appellant that presence of Ms. Muqaddas Hayyat, the sister of the deceased, in the car at the time of incident was doubtful because she, being sister of the deceased, did not interfere and rescued her brother. Learned D.P.G. refuted the contention. Strictly speaking, human behavior varies from person to person; different people behave and react differently in different situations. Human behavior depends upon facts of each case; how a person reacts and behaves in particular situation can never be predicted. Every person who witnesses a serious crime, reacts in his own way; some are stunned, some are speechless; some would see the incident whereas some would flee from the spot. There is no set of rule of natural conduct. Appellant was armed with deadly weapon; he had fired upon the brother of PW-2 Ms. Muqaddas Hayyat; she was sitting on rear seat of the car. In our view, Ms. Muqaddas Hayyat remained silent and did not interfere in the incident as she is a girl, it cannot be concluded that she was not present at the spot. We have noted that Dr. Manzoor Memon, MLO, in his medical certificate has mentioned that injured was brought in the hospital by Ms. Muqaddas Hayyat. In the above circumstances, her conduct cannot be termed as unnatural.

 

22.              Learned counsel for the appellant contended that there are major contradictions in the evidence of the prosecution witnesses with regard to the number of accused and time of incident. From deep examination of evidence of Ms. Muqaddas Hayyat and other prosecution witnesses, we have observed certain minor contradictions but the same are immaterial. We have come to the conclusion that contradictions as pointed out by the learned defence counsel are of no avail to the defence. Evidence of material witnesses has been recorded after two years of the incident and, as such, due to lapse of memory, the contradictions are bound to occur in the testimony of truthful witnesses. By and large, the people cannot accurately recall the consequences of events which took place in a short span. They can only remember the main purport of the incident. It is unrealistic to expect from a witness to be a human tape-recorder or a video camera. It is not expected from the witness to have a photographic memory and to recall the minute details of the incident. It cannot be expected from a witness to narrate the incident on the mathematical niceties in criminal cases. Thus, the discrepancy pointed out by the learned defence counsel in prosecution evidence with regard to the time of arrival of the police at the place of occurrence could not obliterate, an otherwise acceptable evidence. From the perusal of entire evidence, the manner of incident and the genesis of the incident have not been disputed. We, therefore, do not find any force in the contention of the learned defence counsel.

 

23.              After close scrutiny of the evidence, we have come to the conclusion that the prosecution has succeeded in proving the guilt of the appellant beyond any reasonable doubt for the reasons that there is credible and cogent evidence of PW-2 Ms. Muqaddas Hayyat, her evidence has been corroborated by the medical evidence and recovery of empty from the place of incident, which matched with the pistol recovered from the possession of the appellant as per FSL report Ex.15/G; present accused was identified by Ms. Muqaddas Hayyat in the identification parade though holding of identification parade is not mandatory and it is merely corroborative piece of evidence. Appellant was identified by Ms. Muqaddas Hayyat even in the trial court. Her evidence is confidence inspiring, being constant on all material particulars. There is nothing in evidence to suggest that she has deposed falsely. She had no motive to falsely implicate the accused in the murder of her brother. Trial court has rightly appreciated the evidence according to the settled principles of law and awarded death sentence to the appellant. Appellant caused fire arm injury to the deceased at head, the vital part of the body, then non-repetition of said act is hardly of any consequence in the matter of determining the quantum of punishment that deserve by the appellant as held by the Honourable Supreme Court in the case of Syed Hamid Mukhtar Shah vs. Muhammad Azam and 2 others (2005 SCMR 427).

 

24.               In a chain of case law the view held is that normal penalty is death for murder. In the case of DADULLAH and another versus The STATE (2015 SCMR 856), the Honourable Supreme Court of Pakistan has held as under:-

“…………… Death sentence in a murder case is a normal penalty and the Courts while diverting towards lesser sentence should have to give detailed reasons. The appellants have committed the murder of two innocent citizens and also looted the bank in a wanton, cruel and callous manner. Nowadays the crime in the society has reached an alarming situation and the mental propensity towards the commission of the crime with impunity is increasing. Sense of fear in the mind of a criminal before embarking upon its commission could only be inculcated when he is certain of its punishment provided by law and it is only then that the purpose and object of punishment could be assiduously achieved. If a Court of law at any stage relaxes its grip, the hardened criminal would take the society on the same page, allowing the habitual recidivist to run away scot-free or with punishment not commensurate with the proposition of crime, bringing the administration of criminal justice to ridicule and contempt. Courts could not sacrifice such deterrence and retribution in the name of mercy and expediency. Sparing the accused with death sentence is causing a grave miscarriage of justice and in order to restore its supremacy, sentence of death should be imposed on the culprits where the case has been proved.”

 

25.              Honourable Apex Court in the case of Noor Muhammad v. State (1999 SCMR 2722) has observed as under:--

 

            "However, we may observe that the people are losing faith in the dispensation of criminal justice by the ordinary criminal Courts for the reason that they either acquit the accused persons on technical grounds or take a lenient view in awarding sentence. It is high time that the Courts should realize that they owe duty to the legal heirs/relations of the victims and also to the society. Sentences awarded should be such which should act as a deterrent to the commission of offences. One of us (Ajmal Mian, C.J., as he then was) has highlighted this aspect, inter alia in the case of State through the Advocate-General Sindh, Karachi v. Farman Hussain and others (PLD 1995 SC 1), relevant portion whereof at page 19 reads as follows:--

 

            (3) It is a matter of public knowledge that in Sindh, on account of kidnapping for ransom, commission of dacoities and other offences, the people are feeling insecured. The learned trial Court has dilated upon these aspects in detail. I am inclined to subscribe to the view found favour with it. The approach of the Court in matters like the case in hand should be dynamic and if the Court is satisfied that the offence has been committed in the manner in which it has been alleged by the prosecution the technicalities should be overlooked without causing any miscarriage of justice."

 

26.              It is the matter of public knowledge that in Sindh, particularly at Karachi, on account of kidnapping for ransom, commission of dacoities, mobile snatching and other offences people are feeling insecure. The learned trial court has rightly dilated upon these aspects of the case. We are satisfied that appellant has committed this offence.

 

27.              While considering the quantum of sentence awarded to the appellant, we do not find any mitigating or extenuating circumstance available on record so as to justify for awarding lesser punishment to the appellant. The appellant has committed murder of a young man, aged about 25 years, for snatching mobile phone from him in a cruel manner. Appellant fired at head of deceased, it demonstrated that he had no respect for human life. The cumulative effects of all the circumstances justify the awarding of normal penalty of death. Therefore, normal penalty of death awarded by the trial Court seems to be justifiable.

 

28.              In view of the aforesaid discussion, we hold that prosecution has established the guilt beyond reasonable doubt against the appellant. Hence, appeal is liable to be dismissed.

 

29.               For the aforesaid reasons, we find that appeal is devoid of any merit and it is fit to be dismissed. Accordingly, this appeal is dismissed and Referenc e for confirmation of death sentences is answered in affirmative.

 

                                                                                                                   J U D G E

 

                                                                                            J U D G E

Gulsher/PS