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November 19, 2019

SHC dismisses appeal of death row convict who murdered businessman, driver

Karachi

November 19, 2019

The Sindh High Court on Monday dismissed the appeal of a death row convict who had murdered a businessman and his driver.

Mohammad Hashim was sentenced to death by an anti-terrorism court on March 29, 2018, having found him guilty of murdering a businessman and his driver on refusal to pay extortion money. According to the prosecution, the appellant was arrested on February 18, 2015, while he along with absconding co-accused had been fleeing after killing Karim Shahwani and his driver Mohammad Nawaz in North Nazimabad on refusal to pay extortion money.

The appellant’s counsel submitted that the appellant was falsely implicated and there were major contradictions in the evidence of the eyewitnesses and benefit of doubt should be extended to the appellant.

The deputy prosecutor general stated that the prosecution proved its case against the appellant beyond any shadow of doubt as eyewitnesses had identified the appellant while committing the offence.

A division bench headed by Justice Mohammad Karim Khan Agha, after hearing the arguments and perusal of the evidence of the case, observed that the prosecution had proved its case beyond a reasonable doubt against the appellant in terms of the murder of the two deceased, police encounter and recovery of an unlicensed firm arm from him.

The court observed that there was need to discourage such kinds of offences in Karachi which regrettably was most common and at the time when these offences were committed the court was of the view that deterrent sentence was appropriate one.

The court kept in view the brutality of the crime where two innocent persons were shot to death by three and four separate firearm shots brazenly in broad daylight outside their house, the motivation of which was to create terror and fear amongst a certain segment of society.

The court observed that the Supreme Court had also confirmed the death penalty in cases of crimes of brutal and merciless nature, and upheld the death sentence of the appellant, dismissing his appeal against the trial court order.

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