HIGH COURT OF SINDH AT KARACHI
Special
Criminal Anti-Terrorism Appeal No.30 of 2014
Present: Mr.
Justice Naimatullah Phulpoto
Mr. Justice Rasheed Ahmed Soomro
Date of Hearing : 05.09.2018
Date of Announcement
: 10.09.2018
Appellant
: Shaukat Ali alias Baba alias Shauki
son of Muhammad
Ali alias Yousuf through Mr. Fazal-ur-Rehman Awan, Advocae
Respondent
: The State through Mr. Mohammad
Iqbal Awan, DPG.
JUDGMENT
NAIMATULLAH
PHULPOTO, J.- This appeal is
directed against the judgment dated 31.03.2014, passed by learned Judge, Anti-Terrorism
Court-I, Karachi in Special Case No.20/2005, whereby appellant was convicted
under section 7(a) of the Anti-Terrorism Act, 1997 read with section 302(b) PPC
and sentenced to imprisonment for life and fine of Rs.50,000/-, in case of
non-payment of fine, to suffer six months R.I. more. He was also directed to
pay compensation of Rs.150,000/- under section 544-A,
Cr.PC, to be paid to the legal heirs of deceased PC Jahangir, in case of
non-payment of compensation to suffer R.I. for six months. Accused was also
convicted under section 324, PPC and sentenced to 7 years R.I. and to pay fine
of Rs.10,000/- in default whereof to suffer R.I. for
six months. He was also convicted under section 392, PPC and sentenced to 10
years R.I. and fine of Rs.10,000/-, in case of non-payment of fine, to suffer
R.I. for two months more. Accused was also convicted under section 353, PPC and
sentenced to R.I. for two years. All the sentences were directed to run
concurrently. Benefit of Section 382-B Cr.P.C was also extended to the accused.
2. Brief facts of the prosecution case are
that complainant PC Ansar Mahmood and deceased PC Muhammad Jehangir were posted as constables at Baghdadi police station. On
23.03.2005, the complainant and the deceased armed with SMGs on an official
motorcycle bearing registration No.C-17371 were on patrol duty. The deceased
was driving the motorcycle. At about 07:15 p.m., they reached D.D. Chaudhry
Road, Baghdadi, where they noticed a motorcycle on which two persons were
sitting coming towards them. They suspected the said persons and signaled them
to stop, but the said persons instead of stopping the motorcycle took turn in a
street and tried to escape, therefore, the complainant and the deceased
followed them, when they reached near them they against signaled them to stop,
but they did not do so, therefore, the complainant party overtook them and
stopped their motorcycle by blocking their ways. The motorcyclists started
firing at the complainant party. They received injuries with the result that
the complainant fell down on the ground, whereas deceased tried to move ahead
on his motorcycle, but fell down on the ground. The culprits went to the
deceased PC Muhammad Jehangir, snatched the
3. After usual investigation, challan was
submitted against accused Ghulam Qadir Patni. Present appellant was shown
absconder. Case proceeded against accused Ghulam Qadir Patni before learned
Judge, Anti-Terrorism Court-III Karachi being Special Cases Nos.20 and 21 of
2005. On conclusion of the trial, vide judgment dated 31.01.2006 accused Ghulam
Qadir Patni was convicted and sentenced as under:-
(i)
Under
section 302, PPC sentenced to life imprisonment with fine of Rs.50,000/-, in case of non-payment of fine, to suffer R.I. for
one year. He was also directed to pay compensation of Rs.150,000/-
under section 544-A, Cr.PC, to be paid to the legal heirs of deceased PC Jahangir,
in case of non-payment of compensation to suffer further R.I. for two years.
(ii)
Under
section 324, PPC sentenced to 7 years R.I. with fine of Rs25,000/-, which is to
be paid to injured Ansar Mahmood, in non-payment, accused shall suffer R.I. for
6 months.
(iii)
Under
section 392, PPC sentenced to 10 years R.I.
(iv)
Under section 353, PPC sentenced to 2 years
R.I.
(v)
Under
Section 13-E of the Arms Ordinance sentenced to suffer 3 years R.I.
Benefit of Section
382-B Cr.P.C was also extended to the accused.
4. Co-accused Ghulam Patni filed Special
Criminal Anti-Terrorism Appeal No.01 of 2006 before this Court. Appeal was
heard by this Court, vide judgment dated 04.05.2007, appeal was dismissed, conviction and sentence were maintained, however,
with some modification. Thereafter, appellant Ghulam Qadir Patni challenged the
judgment passed by this Court before Honourable Supreme Court of Pakistan in
Jail Petition No.190/2007, order dated 24.04.2008, passed by Honourable Supreme
Court reflects that learned Advocate-on-Record moved an application, seeking
permission to withdraw the petition as the parties had entered into compromise
and petitioner Ghulam Qadir Patni intended to file compromise application
before the trial court. Request was allowed. Criminal Miscellaneous Application
No.137/2008 was allowed and Jail Petition No.190/2007 was dismissed as
withdrawn.
5. It may be mentioned here that accused Ghulam
Qadir Patni was acquitted by the trial court by way of compromise vide order
dated 05.01.2009.
6. Present appellant Shaukat Ali alias
Baba alias Shauki was arrested on 11.05.2006. He was put to identification
parade on 15.05.2006. He was identified by injured P.C. Ansar Mahmood and P.W. Abdul
Qadir. Judicial confession of accused Shaukat Ali alias Baba alias Shauki was
recorded by PW-9 Abdul Qadeer on the same date. After usual investigation, supplementary
report was submitted against the accused named above under the above referred
sections before learned Judge, Anti-Terrorism Court-I, Karachi.
7. Trial Court framed charge against the
accused Shaukat Ali alias Baba alias Shauki at Ex.4. Accused pleaded not guilty
and claimed to be tried.
8. At trial, prosecution examined ten witnesses.
Thereafter, prosecution side was closed.
9. Statement of accused under Section 342
Cr.P.C was recorded at Ex-16. Accused
denied all the incriminating pieces of prosecution evidence brought against him
on record. Accused claimed false implication in the present case. Accused neither
examined himself on oath nor led any evidence in disproof of prosecution
allegations.
10. Trial
Court after hearing the learned counsel for the parties and assessment of
evidence, vide judgment 31.03.2014 convicted and sentenced the appellant as
stated above, hence this appeal.
11. The facts of the case as well as evidence produced
before the trial Court find an elaborate mention in the judgment dated 04.05.2007
passed by this Court in Special Criminal Anti-Terrorism Appeal No.01 of 2006, therefore, the same may not be reproduced here so as to
avoid duplication and unnecessary repetition.
12. Mr. Fazal-ur-Rehman Awan, learned
advocate for appellant, did not press the appeal on merits, however, he
submitted that sentence awarded to the appellant is erroneous and requires
modification. He has submitted that appellant has been convicted under section
7(a) of the Anti-Terrorism Act, 1997 read with 302 (b), PPC and sentenced to
imprisonment for life and to pay fine of Rs.50,000/-
and in case of default in payment of fine, he has been ordered to suffer R.I.
for six months more.
15. Learned D.P.G. submits that case of
present appellant Shaukat Ali alias Baba alias Shauki is identical to the case
of the co-accused Ghulam Qadir Patni, whose appeal has already been dismissed
by this Court. Mr. Fazal-ur-Rehman, learned counsel for the appellant in view
of huge evidence against the appellant did not press this appeal on merits but
prayed for modification of sentence, while mainly submitting that in case of
the non-payment of compensation, appellant has been ordered by trial court to
suffer R.I. for six months more instead of S.I. for six months.
13. We have perused the entire evidence and
have come to the conclusion that prosecution has proved its case against the
appellant for the reasons that accused was identified in identification parade
and he made judicial confession, it is found by us true and voluntarily. Trial
court rightly appreciated the evidence according to settled principles of law Conviction
of co-accused Ghulam Qadir Patni has already been maintained by this Court in
Criminal Appeal No.01/2006 vide judgment dated 04.05.2007 mainly for the
following reasons:
“In the present
case, the robbery of SMG and murder of the deceased was committed in single
incident, which form parts of one transaction, therefore, the recent and
unexpected possession of robbed SMG is taken as presumptive evidence against
the appellant on the charges of robbery and murder. Thus, the appellant has
been connected with crime”
14. Appellant Ghulam Qadir Patni filed Jail Petition
No.190/2007, before the Honourable Supreme Court, the same was dismissed as not
pressed on the ground that accused Ghulam Qadir Patni intended to file
compromise application before trial court. Conviction and sentence recorded by
trial court against appellant Shaukat Ali alias Baba alias Shauki vide judgment
dated 31.03.2014 are maintained with slight
modification as under:-
(i)
For
offence under section 7(a) of the Anti-Terrorism Act, 1997 sentenced to
imprisonment for life and to pay fine of Rs.50,000/-.
(ii) Under section 302(b), PPC Tazir, sentenced
to imprisonment for life. Appellant is directed to pay compensation of Rs.150,000/- under section 544-A, Cr.PC to the legal heirs of
deceased PC Muhammad Jehangir. In case of default in payment of compensation,
appellant shall suffer S.I. for six months instead of R.I. for six months.
(iii)
For offence under section 324, PPC
sentenced to 7 years R.I. and to pay fine of Rs.10,000/-
in default whereof to suffer S.I. for six months.
(iv)
For offence under section 392, PPC
sentenced to 10 years R.I. and fine of Rs.10,000/-, in
case of non-payment of fine, to suffer S.I. for two months more.
(v) For offence under section 353, PPC
sentenced to R.I. for two years.
All the sentences are directed to
run concurrently. Appellant is extended benefit of Section 382-B, Cr.PC.
17. Consequently, with the above modification
in the conviction and sentence, appeal is dismissed.
J U D G E
J
U D G E
Gulsher/PS