Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)---.--- ---.----S. 7---.---Penal Code (XLV of 1860), S.302(b)/34---.---Constitution of Pakistan (1973), Art.185 (3)---.---Leave to appeal was granted by Supreme Court to consider; whether evidence of single police official was sufficient to convict and sentence the accused to capital punishment when there was a counter allegation against police party for killing one of the accused in counter-firing; and whether in the facts and circumstances of the case, death penalty awarded to accused was justifiable or he was entitled to lesser punishment. (b) Anti-Terrorism Act (XXVII of 1997)---.--- ---.----S. 7---.---Penal Code (XLV of 1860), Ss.302 (b) / 34---.---Reappraisal of evidence---.---Mitigating circumstances---.---Awarding of lesser punishment---.---Accused was convicted and sentenced to death for committing murder of a police constable---.---Conviction and sentence awarded by Trial Court was maintained by High Court---.---Plea raised by accused was that except the sole statement of complainant constable, no other witness was brought on record to connect the accused with commission of offence---.---Accused also raised the plea that it being not known that who out of the two accused 'was individually responsible for firing at the deceased police constable, extreme penalty of death to accused was not justified---.---Validity---.---Complainant, who along with deceased constable, on a motorcycle, chased rickshaw in which accused in the company of deceased co-accused was. boarded, was the most natural witness, who had identified the accused at the spot as well as in Trial Court---.---Similarly the rickshaw driver also identified the accused in Trial Court and stated that the accused and his deceased co-accused while boarded in his rickshaw, were chased by two police officials on motorcycle whereupon accused started firing at them from rickshaw and in consequence thereof police. constable was hit and died at the spot---.---Joint liability .of accused was clearly established in the light of such factual position explained by two eye-witnesses, and he being equally responsible for the murder was rightly convicted under S.302(b)…

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