KARACHI, Nov 14: An anti-terrorism appellate bench of the Sindh High Court on Wednesday dismissed the appeal of a convict in a triple murder case.
The bench, comprising Justice Ghulam Nabi Soomro and Justice Ataur Rahman, held that the judgment given by the trial court was maintainable.
Ali Nawaz Khoso, who was sentenced to death by an Anti-Terrorism Court, had filed an appeal, through his counsel Abdul Waheed Katpar, maintaining that it was a case of wrong identification. Mr Katpar said that his client had wrongly been implicated. The incident occurred on Aug 23, 1998, while the accused was arrested on Oct 30, 1998. No identification parade was held before a judicial officer while the complainant and the injured who are both eye-witnesses are available.
Tahir, a chowkidar, was detained by the police for identification of the accused but he was not examined before the trial-court by the prosecution.
Representing the prosecution, AAG Sindh Habib Ahmed had earlier maintained that prosecution witness Adil Noor Khan, one of the sons of the complainant Zahid Noor Khan, was seriously injured as he received three gun-shots in the chest and one in the arm. He was brought in an ambulance to depose in the case. Prosecution was thus unable to put him on the identification parade.
His contention was that the identification in the court was sufficient for conviction of the appellant and referred to two cases, one of the Sindh High Court and the other of the Supreme Court.
He argued that the weapon allegedly used in the incident was recovered on the pointation of the appellant and the empties recovered from the scene matched with the weapon.
According to the prosecution, the accused, accompanied by two others, entered the house of complainant Zahid Noor Khan after cutting the iron-grill of the kitchen.
The wife of complainant raised an alarm and a scuffle ensued in which one of the intruders was injured and later killed by his accomplices who managed to flee. They also gunned down three sons of the complainant who had rushed to the scene to grab the dacoits, not visualising that they could be killed.
The case was first tried by a military trial court and later by an ATC which convicted the accused and sentenced Khoso to death.report submitted: The commissioner appointed by the Sindh High Court in a suit filed by an employee of National Bank for the recovery of damages worth Rs10 million from Liaquat National Hospital has obtained photocopy of the relevant documents and made endorsement on the originals.
This was stated in the report submitted by the Nazir/Commissioner to the court. Justice Zia Pervez adopted the report on the record.
The High Court had directed the Nazir of the court, Moinuddin Ahmed, to visit the LNH and make photocopy of the documents relevant to the suit.
Zafar Iqbal Abbasi, represented by Nasir Maqsood, advocate, had made the LNH and Prof Aziz Jamal Naqvi respondent in the case.
A division bench, comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi, had passed the order in view of the apprehension of tampering with the medical record, expressed by the counsel for the plaintiff the Liaquat National Hospital and a doctor, to file comments by Nov 13 in a suit filed by an employee of National Bank for the recovery of damages worth Rs10 million.
