SC bench decides 10-year-old murder case and sets the accused free. PHOTO: FILE
Presiding over a three-member bench while hearing appeals in criminal cases at the Karachi Registry of the Supreme Court Karachi on Monday, the CJP remarked that "we have decided six criminal appeals today (Monday) which were placed before us", adding that "we'll hear more criminal appeals tomorrow (Tuesday) and will wrap them up too."
The bench, which also comprised Justice Mazhar Alam Khan and Justice Sajjad Ali Shah, dismissed an appeal filed by the Anti-Narcotics Force (ANF) against the acquittal of a suspect, Ali Nawaz, who had been convicted for possessing 1,100 grams of hashish. Justice Khosa remarked that irrespective of the conduct and attitude of the prosecution, "we are going to take up the cases seriously as the law takes its own course."
According to the ANF prosecutor, the suspect was arrested from Hyderabad in 2010. The subordinate court had awarded four years imprisonment to the suspect while the Sindh High Court had acquitted the suspect.
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Justice Khosa said that it was important to transfer the recovered items safely, but the samples were not safely sent to the examiner. The statements of both the witnesses are also inadequate for the punishment. Maintaining the high court's verdict, the bench rejected the ANF's appeal.
10-year-old case
The bench also announced a decision in a 10-year-old murder case and ordered to release the accused.
The chief Justice remarked that it was necessary to interpret correctly the murder and accidental incident. An incidental murder cannot be considered a punishable crime. As per Section 80 of the Pakistan Penal Code (PPC), there is no punishment for incidental murder. If shots are fired at a site or an animal and they hit a human, it is not a punishable crime. If shots are fired while sitting idle somewhere, then this is not a punishable crime, it will be termed an incident. Even if we consider it a punishable crime then the accused has served his sentence. The incident took place at a farm house among friends. According to police, the incident occurred in 2008 within the limits of Sharafi Goth station. The trial court had given lifetime imprisonment to the accused and the high court had maintained the punishment awarded by the high court.
Appeal allowed
The bench also allowed the appeal of Riaz Chandio in a murder case while setting aside the judgment of Hyderabad circuit bench of the Sindh High Court. Chandio was accused of murdering of Abdul Haleem Junejo in Dadu and was sentenced to 25 years imprisonment.
According to police, Abdul Halim Junejo was killed in 2007. CJP Asif Saeed Khosa in remarks said that if there was no other case against the accused, then he should be released. Plaintiff's lawyer Ghulamullah Chang observed that there was no evidence against my client. Since 2007, my innocent client is serving imprisonment.
Published in The Express Tribune, February 26th, 2019.
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