29 May 2004	Saturday	09 Rabi-us-Saani 1425

KARACHI, May 28: The Sindh High Court quashed the death sentence and commuted the jail term of two murder accused tried and punished by an anti-terrorism court.

Appellants Mohammad Zahir and Kashif Aziz alias Mota were convicted on 10 counts and awarded death twice, jail terms ranging from seven years to life imprisonment and Rs 250,000 each as fine for payment to their dead and injured victims and their heirs.

According to the prosecution, the accused and three others were arrested in a criminal case on Jan 13, 2003. While getting off the police van opposite Saudabad police station, Malir, the accused exploded a smoke bomb. They snatched a sub-machine gun and 60 rounds from a policeman on duty.

The accused opened fire on the police party, killing constable Mehboob and seriously injuring sub-inspector Rauf and head constable Rafiq. Three of the accused escaped under the cover of smoke and fire.

The convicted accused challenged their conviction and sentence through Advocates M. Ashraff Kazi and Ansari. The counsel pointed out discrepancies in the prosecution version. The police reached hospital and prepared the memo of examination and the inquest report before the registration of the FIR, which was legally not possible.

The FIR, Advocate Kazi submitted, alleged indiscriminate firing but the inquest report showed only one gunshot wound on the body of constable Mehboob. The accused were already under arrest in a car snatching case and it was not clear how they came into possession of a smoke bomb.

A Sindh High Court appellate bench, comprising Justices Wahid Bux Brohi and Rehmat Hussain Jaferi, acquitted the appellant Zahir on all counts but one. He was held guilty of using criminal force to deter a police party from discharging its duty and sentenced to 10 years imprisonment under Sections 186 and 353 of the Pakistan Penal Code read with Section 6(2) of the Anti-Terrorist Act.

The death sentence awarded to Kashif on the murder charge was converted into life term. The accused were asked to pay Rs 200,000 as fine for payment to their victims and their heirs.

SET ASIDE: Justice Azizullah M Memon of Sindh High Court set aside the conviction of couple in murder case and ordered their release if not involved in other cases, adds agencies.

Mohammad Munir and his wife Mumtaz were sentenced to life imprisonment by the Additional District and Session Judge, judicial complex Karachi on Nov 30, 2001. They were prosecuted on charge of killing Parwana Khan, a gardener, on April 7, 1995, in North Nazimabad.

AUCTION STAYED: A division bench of High Court of Sindh (SHC), comprising Justice Shabbir Ahmed and Justice Khilji Arif Hussain, on Friday stayed the auction of a vehicle impounded by the Custom officials till June 2.

The bench was hearing a constitutional petition filed by a citizen Mohammad Yahya challenging confiscation of a Toyota car and its auctioning. The petitioner maintained that he had purchased the vehicle from a diplomatic mission at Karachi and paid all the levies, including the Income Tax and Custom duty, after which NOC was also issued in his favour.

Now without any reason, Custom Intelligence Officer Abdul Munaf has impounded the vehicle which will be auctioned in near future, submitted the counsel for petitioner. The bench after hearing preliminary arguments by the counsel stayed the auction of the vehicle till June 2.