KARACHI: The Sindh High Court on Thursday upheld the life imprisonment handed down to two muggers by an antiterrorism court in a case pertaining to the murder of a Pakistan Army soldier.

An antiterrorism court had sentenced Imran Khan and Jamal Nasir to life in prison in June last year for killing young soldier Amjad Ali when he attempted to intervene as the duo were looting two brothers travelling in a rickshaw near Saddar at gunpoint in August 2016.

The convicts, through their counsel, impugned the conviction order before the SHC and after hearing both sides and examining the record and proceedings, a two-judge bench comprising Justice K. K. Agha and Justice Amjad Ali Bohio dismissed the appeals and maintained the trial court’s order.

The bench in its judgement observed that no substantial discrepancies or contradictions were found in the testimonies of eyewitnesses and defence was unable to highlight any significant inconsistencies or omissions that could undermine the case of prosecution.

It further noted that the evidence of complainant Lance Naik Sajjad Hussain and two injured brothers/eyewitnesses was consistent with the events that transpired and qualified them as natural witnesses to the incident.

The complainant and other two eyewitnesses had also rightly picked up the appellants during an identification parade held before a judicial magistrate and assigned their roles in the commissioning of the offences.

It also stated that the appellants had also been unable to provide any plausible reason as to why the complainant and two injured witnesses would falsely implicate them in this case.

“Therefore, after careful examination of the evidence presented by the prosecution, including reliable and credible oral testimony, supported by medical and documentary evidence, we have reached the conclusion that the prosecution has successfully proved charges against the appellants beyond reasonable doubt,” it concluded.

According to the prosecution, the victim, along with the complainant, was on routine security duty in plain clothes near Lucky Star around midnight on Aug 25 and in the meantime, the accused persons riding a motorcycle had intercepted a rickshaw in which two brothers Mahesh Kumar and Pawan Kumar were travelling.

The robbers opened fire at the brothers over resistance and in the meantime the soldier challenged the accused, but was shot and wounded by the robbers, and later succumbed to his wounds, it added.

Published in Dawn, September 8th, 2023