KARACHI, Nov 27: A sessions court on Saturday acquitted a man in a murder case for want of evidence. The court found Syed Ishtiaq Hussain Shah not guilty as the prosecution failed to prove its case against him.

The accused along with two absconding accomplices was charged with killing Mohammad Manzoor within the remit of the Mehmoodabad police station in May 2007.

Additional District and Sessions Judge (south) Abdul Razzaq pronounced his judgment after recording evidence of witnesses and final arguments from both sides.

The court in its verdict observed that the prosecution relied upon the evidence of two witnesses who stated to be present at the scene of crime when the incident took place. However, their testimonies about the involvement of the accused in the alleged offence were not convincing, as many doubts crept in their evidence, it added.

The verdict stated that there were material contradictions in the statements of prosecution witnesses. These witnesses had not narrated the features of the accused in their statements recorded by the investigation officer under Section 161 of the criminal procedure code. Though the witnesses had identified the accused before a judicial magistrate during the identification parade, they did not assign his role in the commissioning of the offence, besides the identification parade was also held after a sufficient delay, it added.

The verdict said that one of the eyewitnesses admitted during his statement that he knew the accused before the incident, but the complainant did not nominate him in the FIR.

The prosecution had also not been able to prove that a vehicle recovered from the possession of the accused was used in the commissioning of the offence, the judgment said.

“The case of prosecution against the accused was shrouded with doubts, therefore, the accused as a matter of right may claim its benefit and acquitted of murder charge,” it concluded.According to the prosecution, on May 29, 2007 the accused along with his accomplices in a Pajero jeep opened fire on the victim in Chaneser Goth and escaped. The wounded was rushed to a hospital where he died.

The police arrested Ishtiaq Shah in Korangi Crossing on June 11, 2007 and claimed to have recovered the vehicle used in the crime. Later, he was released on bail.

A case (FIR 160/2007) was registered under Section 302 (premeditated murder) and 34 (common intention) of the Pakistan Penal Code on the complaint of the victim’s brother at the Mehmoodabad police station.

Bail plea of murder accused dismissed A sessions court on Saturday dismissed the bail application of a female accused in a murder case.

Two accused — an additional director of the Federal Investigation Agency, Ahsanullah Khan, and Poonam Virma — have been charged with killing a businessman within the remit of the Boat Basin police station in Oct 2007.

Accused Virma, through her counsel, filed the bail application before an additional district and sessions judge, who dismissed it after hearing arguments from both sides.

A few months back, the accused filed an application to become an approver in the case, but the court had dismissed that application also.

According to the prosecution, Shahbbir Ahmed Supra was killed at the flat of his secretary Poonam Virma on Oct 12, 2007 within the remit of the Boat Basin police station. The police arrested the victim’s secretary as the last call received by the victim on his cellphone was made from her phone, it added.

Under interrogation she named Humayun and the police arrested him for his alleged involvement in the case. But he was released under Section 497 (2) of the criminal procedure code (CrPC).

It added that later in her statement recorded under Section 164 of the CrPC before a judicial magistrate, Poonam said that Ahsanullah Khan had asked her to call Mr Supra and he allegedly killed him when he arrived at the flat.

The prosecution added that the head of the deceased was chopped off and the accused tried to set the body on fire. The police recovered the decapitated body from the flat.

A case (FIR 392/2007) was registered under Sections 302 (premeditated murder), 435 (mischief by fore or explosive substance with intent to Cause damage etc) and 34 (common intention) of the Pakistan Penal Code on the complaint of the deceased’s son at the Boat Basin police station.

The accused FIA official has been enlarged on bail.