SHC maintains death sentence in cop murder case

Karachi: The Sindh High Court SHC on Thursday, while dismissing the criminal application, maintained the death sentence awarded to the two applicants by Antiterrorism Court ATC in a police constable murder case.

Applicants, Kamran and Farhan Ahmed Hashmi, were tried by ATC1 Karachi division in special case no 45/2006 under section 302/34 Pakistan Panel Code read with Section 7(a) of the Anti-Terrorist Act 1997 and convicted. Both were ordered to be hanged by neck till they are dead on April 29, 2011 after having been found guilty in killing a cop.

ATC court has also imposed a fine Rs 0.1 million on them and out of which Rs50,000 were to be paid to the legal heirs of deceased police constable Muhammad Ashraf. Later, they challenged their conviction and sentence in the high court and prayed to it to set aside their conviction and death sentence.

A division bench comprising Justices Sajjad Ali Shah and Naimatullah Phulpoto dismissed the appeal and maintained their conviction and death penalty. The court said that prosecution had succeeded to prove its case against the appellants. It said that trail court had rightly appreciated the evidence according to settled principles in law.

The bench observed that death penalty awarded by ATC requires no interference by this court at all, as it has proved that appellants in furtherance of common intention have committed the murder of police constable Muhammad Ashraf who was going to perform his duty.

The court said that this case falls within the category of “rarest of rare case” the appellants are distilled to any leniency in sentence. The court ruled, “Therefore the conviction is maintained.

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