SHC dismisses appeal of doctor’s convicted murderer against life term

The Sindh High Court on Friday dismissed the appeal of a convict against his life imprisonment sentence in a sectarian killing case.

Atif Nizami was sentenced to life imprisonment by an anti-terrorism court on December 18, 2011, after finding him guilty of killing a doctor, Syed Ibne Hasan, in August 2003 in Malir.

According to the prosecution, the defendant along with absconding co-accused Kamran killed Hasan and fled. The prosecution placed 16 witnesses, including two eyewitnesses, to prove the guilt of the defendant. The convict filed an appeal asking the court to set aside his conviction and acquitted him of charges.

A division bench headed by Justice Aftab Ahmed Gorar, after hearing the arguments of the counsel and perusal of the evidence of the case, observed that the prosecution had successfully established its case against the appellant through ocular account furnished by the eyewitnesses.

The court observed that appellant counsel failed to point out any material illegality or serious infirmity committed by the trial court while convicting the appellant. It upheld the sentence awarded to the appellant by the trial court and dismissed the appeal as it merited no consideration.

The court also dismissed appeals of three convicts against their life imprisonment in a kidnapping for ransom case. It however acquitted the woman co-appellant giving her the benefit of doubt.

Yasmeen, Asghar Ali, Fateh Mohammad and Dilbar Hussain were sentenced to life in prison by an anti-terrorism court on October 27, 2014, having found them guilty of kidnapping a boy, Mohammad Zahid, for ransom.

According to the prosecution, the appellants had kidnapped Zahid from Pak Colony when he was going to his shop in the Hyderi Market area and demanded Rs20 million for his release. The police however recovered the abductee during a raid on a house of the appellants in Ayub Goth and arrested them.

The counsel for the appellants submitted that police failed to produce any recovery from the appellants and no independent witness had been produced by the prosecution to prove the identification of the appellants.

The court observed that the prosecution proved its case against the appellants except Yasmeen. It dismissed the appeals of Asghar Ali, Fateh Mohammad and Dilbar Hussain and upheld their convictions. It, however, acquitted the woman and ordered her release if not required in other cases.