A model court on Monday handed down death sentence to a mugger and life imprisonment to his accomplice in a four-year-old case pertaining to a robbery and murder.
Farooq Ahmed and Malik Mukhtiar Ahmed, alias Khameso, were found guilty of shooting to death Al-Tameer for chasing them while they were fleeing after robbing his nephew within the jurisdiction of the Surjani Town police station in September 2020.
Additional Sessions Judge Ameeruddin of the Model Criminal Trial Court (West) observed that the charges of Qatle-Amad (intentional murder) and dacoity had been substantiated against Farooq. Similarly, he added that the charges of dacoity and sharing a common intention in Qatle-Amad had been established against Mukhtiar.
“The evidence confirms that Farooq Ahmed and Malik Mukhtiar, along with 6–8 other individuals, initially committed dacoity against the eyewitness Mustafa Khan. “When pursued, Farooq Ahmed deliberately fired a shot at the deceased, Altameer, targeting his chest with the intent and knowledge that the act would cause his death. Malik Mukhtiar shared a common intention in the commission of this Qatle-Amad,” noted the judge.
Consequently, he said both the accused were found guilty of offences punishable under the sections 395 (dacoity), 302 (Qatle-Amad) and 34 (common intention) of the Pakistan Penal Code (PPC). However, he added that the offence under the Section 396 (dacoity with murder) of the PPC was not applicable to the case as this provision applied only when the murder was committed during the actual commission of dacoity by a group of five or more individuals and here, the murder occurred while the accused were being chased following the dacoity.
Noting that the death penalty was a fitting punishment as a necessary measure to deter such heinous crimes of murder after an armed dacoity, the judge sentenced Farooq to death. About Mukhtar, the judge noted that it was evident that directly causing murder had not been proved and that he shared common intention in the murder by being member of the dacoits group. The judge, therefore, awarded life imprisonment to the convict.
Both the convicts were also ordered to pay compensation of Rs300,000 to the legal heirs of the deceased man. In case of the failure to pay the amount, they would have to undergo additional one-year imprisonment.
Additionally, the court handed down 10-year imprisonment to both the accused for robbing the deceased man’s nephew Mustafa. According to the prosecution, Al-Tameer and his nephew Mustafa worked as watchmen at a bus stop for Masood Coach, W-55, and Bus No 5 in Taiser Town. On the morning of September 6, 2020, eight to 10 armed men riding motorcycles robbed Mustafa of his mobile phone, cash amounting to around Rs10,000, and motorcycle. They later proceeded to rob others in the vicinity. Mustafa borrowed a mobile phone and called his uncle, who had gone to offer prayers, to inform him of the robbery.
Al-Tameer, armed with his licensed 30-bore pistol, chased the robbers on his motorcycle. When he reached the rickshaw stand at Al-Murtaza Chowk, Sector 50/E/F, Lyari Express, the dacoits, upon spotting him, opened fire. One bullet struck Al-Tameer in the chest, causing him to fall seriously wounded. The muggers then snatched his licensed pistol and fled away. The injured man later succumbed to his injuries during treatment.
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