By Ishaq Tanoli
KARACHI: A sessions court on Tuesday sentenced an accused to death and his father to life imprisonment for killing an 18-year-old man in 2004.
Asghar Hussain and his father Muhammad Hussain alias Chairman were found guilty of killing Muhammad Wasim on March 3, 2004 in the Zaman Town police limits as the deceased was allegedly fond of Asghar’s sister.
The court also imposed a fine of Rs50,000 on Asghar and directed him to pay the amount to the legal heirs of the deceased in compensation provided under Section 544-A of the criminal procedure code, and in case of non-payment, the accused would have to undergo an additional one-year imprisonment.
The IVth additional district and sessions judge (east), Sanaullah Khan Ghori, announced the verdict after recording evidence and final arguments from both sides.
According to the judgment, the prosecution successfully proved the crime of the accused beyond a shadow of a doubt by producing ample evidence in court.
The incident occurred in the evening and the deceased was shot from a very close rage in the presence of three eyewitnesses, who have unequivocally implicated the accused in the case and the same was fully corroborated by the medical evidence, it said.
It added that though the witnesses were put to a lengthy cross-examination, nothing favourable could be extracted to call into question their credibility.
Referring to the question of being “interested witnesses” raised by the defence side by stating that they (eyewitness) were close relatives of the deceased, the court observed that the eyewitnesses had fully corroborated each other on material points and their testimonies were in accord with the medical evidence, and there was no major contradictions in their statements and, therefore, the evidence of these witnesses was accepted.
The eyewitnesses had no enmity against the accused persons as it was not suggested during the course of cross-examination and mere relationship was no ground for discarding their evidence unless their enmity was proved against the accused persons, the verdict said.
It added that there was sufficient evidence on record that the weapon used in the crime was seized from Asghar and the firearm experts’ report had showed that the bullet received by the deceased was fired from the same weapon.
According to the statement of the cient evidence on record that the weapon used in the crime was seized from Asghar and the firearm experts’ report had showed that the bullet received by the deceased was fired from the same weapon.
According to the statement of the complainant, which was undoubtedly proved by other witnesses, the co-accused Mohammad Hussain was also present with the main accused, Asghar Hussain, at the scene of crime when the latter shot the victim in the chest, the verdict said. It added that the object of the assault used in the commission of the crime also pertained to the co-accused and it was established that both the accused shared a common intention and it was a designed and planned murder.