KARACHI, April 12: An anti-terrorism court sentenced on Saturday a worker of the Muttahida Qaumi Movement to life imprisonment for killing a police constable.

Judge Arshad Noor Khan of the ATC-3, however, acquitted a co-accused giving him the benefit of doubt.

Imran alias Munna and Mujahid Ansari were prosecuted for killing constable Maqbool Alam in Orangi Town in January 2001.

The judge sentenced Imran, who was named in the FIR, to life imprisonment with a fine of Rs200,000.

According to the prosecution, constables Mohammed Hanif and Maqbool Alam were on intelligence duty in the locality on their motorcycle when the accused intercepted them. Accused Imran shot and injured constable Alam.

The injured, who had suffered a bullet wound to his upper torso, was admitted to a hospital, where he underwent surgery three times during one year.

The police arrested the accused on June 21, 2001 for possessing unlicensed weapons. During interrogation, it was revealed that the accused were also involved in the attack on the policemen.

The police submitted chargesheet against the two accused in a sessions court for injuring the policeman.

While the case was still pending, the injured constable died on November, 2002. Later, the case was transferred to the ATC-3 for trial.

Special public prosecutor Naimat Ali Randhawa examined a total of seven prosecution witnesses, including constable Mohammed Hanif, who deposed that accused Imran had opened the fire. Another witness, Mohammed Basheer, a passerby, told the court that he had seen the incident.

Prosecution witness Basheer in his deposition in the court said he had seen the policeman being shot and wounded by two motorcyclists. He, however, did not identify any of the two accused.

Referring to the deposition of PW Mohammed Basheer, the judge remarked: “A perusal of testimony of PW-2 Mohammed Bashir shows that at the time of incident he saw two persons going on Honda motorcycle and admittedly both the said persons were complainant and deceased, whereas according to his statement other two persons who were riding a Honda 125 were following them, and both these persons who were following the complainant and the deceased have been subsequently identified as the present accused. For certain reasons he stated that the accused present in court are not the same. Admittedly PW-2 Basheer has given his residential address as House No 1865, Sector 11 1/2, Orangi Town, whereas accused Imran in his statement has given his residential address as House No 201, sector 11 1/2, Orangi Town, which shows that the accused and this witness are residents of the same locality. And for the said proposition it could not be ruled out that the defence side had prevailed him not to depose against the accused and because of compelling circumstances which are existing in our city nowadays, he has made a gracious concession in favour of the accused by deposing that accused present in the court are not the same.”

In his 32-page judgment, the judge observed: “After pondering the evidence available on record, it has been borne out from the record that the prosecution has led sufficient and convincing evidence against accused Mohammed Imran, who inflicted firearm injury to Maqbool Alam. The ocular evidence regarding the incident further find support from the additional circumstances of the present case in the shape of ‘dying declaration’ of the deceased available on record. Accused Imran is, therefore, author of the present crime. The evidence available on record shows that the companion of the accused was not known to the deceased as well as the complainant as such after the arrest of accused Mujahid it was incumbent upon the prosecution to hold the identification parade of accused Mujahid. It is, therefore, apparent on the face of the record that accused Imran is guilty of the offence of murder of Maqbool Alam and there is a doubt in the case of accused Mujahid.”

As for the lesser punishment awarded to accused Imran, the judge remarked: “It is an admitted position that the death of the constable was not instantaneous after receipt of the firearm injuries, which fact may be treated as mitigating circumstance to award lesser punishment to the accused. The evidence available on record also shows that the murder was not premeditated or pre-planned as such case of accused Imran is fully covered under section 302 (b) of PPC.”

ACQUITTED: An additional district and sessions judge, East, Syed Sagheer Zaidi, acquitted on Saturday a worker of the Muttahida Qaumi Movement in a double-murder case.