SHC dismisses appeal of convict in murder case

The Sindh High Court on Monday dismissed the appeal of a convict and maintained the life imprisonment sentence awarded to him in a murder and police encounter case.

Sher Zaman was sentenced to life imprisonment by an anti-terrorism court for murdering a boy during a police encounter and injuring police personnel in the Quidabad area. According to the prosecution, the appellant, along with absconding co-accused Murad, had fired on a police party on April 5, 2019 to avoid their arrest, resulting in injuries to two police constables, Attaullaj and Mohammad Tahir, and the death of a passerby boy, Sajjad Ali. The boy had suffered wounds and died during treatment a hospital.

The appellant was arrested in ab injured condition. His counsel submitted that police falsely implicated in the case, alleging that eyewitness were not present at the time of the incident and they were planted witnesses. He requested the court to allow the appeal and set aside the conviction.

The additional prosecutor general of Sindh said the evidence of the eyewitness was reliable and the empties found on the spot matched the pistol seized from the appellant. He requested the court to dismiss the appeal.

A division bench, comprising Justice Mohammad Karim Khan Agha and Justice Zulfiqar Ali Sangi, after hearing the arguments of the counsel and perusal of the evidence in the case, observed that the prosecution had proved its case beyond any reasonable doubt, as the appellant was arrested at the scene in an injured condition.

The court observed that the case however did not fall within the ambit of the anti-terrorism law as the intent of the appellant was to avoid his arrest, and as he had been nominated in nine other criminal FIRs, no charge against the appellant in connection with the anti-terrorism law was made out.

It further said that the appellant fired on police to avoid his arrest, resulting in one boy being killed and two police personnel injured. It said the prosecution also established that the appellant was involved in nine other cases of heinous offences.

The court further observed that the prosecution placed confidence-inspiring eyewitnesses’ evidence along with supportive evidence and proved its case beyond any shadow of doubt. It dismissed the appeal of the convict and maintained his conviction awarded by the trial court, except the conviction handed down under the anti-terrorism charges, as the case does not fall within the ambit of the anti-terrorism law.