KARACHI: A sessions court has handed down collective 35-year imprisonment to two street criminals on charges of murdering a 22-year-old man when he resisted their attempt to snatching his cell phone.

Additional District and Sessions Judge Azizur Rehman Junejo, who is also the presiding officer of the Model Criminal Trial Court (East), found accused Waqar Ali alias Bantoo and Sikandar alias Babloo guilty of murdering the young man over resistance in Lines Area on Dec 28, 2018.

After hearing and recording the evidence, the court sentenced Waqar to 20 years and Sikandar to 15 years in jail on murder charges.

It also awarded 10-year imprisonment to Waqar for possessing an illegal weapon and imposed Rs500,000 fine.

“The evidence furnished by the prosecution witnesses has completely discarded all chances/ possibilities of false involvement of the accused persons into the present case. The accused could not shake the credit of the witnesses nor could they create any doubt in the prosecution case… despite the fact that they were given the opportunity,” the court observed.

The court also ordered both convicts to pay compensation of Rs50,000 each to the legal heirs of the victim.

After pronouncing the verdict, the court directed police to take Sikandar into custody as he appeared on bail in court.

Explaining the reasons for not awarding the death penalty or life imprisonment, the court noted that the investigation officer (IO) “deliberately” avoided collecting call record data and did not prepared a geo-fencing report in the case. The failure of the IO caused mitigating circumstances resulting in sentencing the accused persons with lesser punishment, it added.

“Admittedly presence of element of sudden altercation in heat of moment without any prior intention may also not be ruled out making further ground for the availability of mitigating circumstances,” the court observed.

Earlier, the sessions court in 2021, had convicted Waqar and sentenced him to life imprisonment, while the court acquitted the co-accused Sikandar in this case. However, the convict had challenged his life sentence verdict in the Sindh High Court. After hearing the petitioner, the high court had set aside the conviction and remanded the case back to the trial court for a fresh trial.

According to state prosecutor Pervez Ahmed Qureshi, the complainant informed the police that his slain brother, Muhammad Imadul Islam Abbasi, 22, was sitting outside the house with his friends. The complainant heard gunshots and rushed outside where he saw two accused on a motorcycle fleeing. His brother later succumbed to his injuries.

However, the police arrested one of the accused during a snap check two years after the incident. During interrogation, the accused, Waqar, confessed to committing the crime with his accomplice Sikandar. He added that on the reported day, they attempted to snatch the mobile phone from the victim. When the victim resisted, he shot him.

Two separate FIRs were registered at the Brigade police station under sections 302 (murder), 397 (robbery or dacoity, with attempt to cause death or grievous hurt), 34 (common intention) of the Pakistan Penal Code and under Section 23 (1) (a) of Sindh Arms Act.

Published in Dawn, October 4th, 2024