Law: Penal Code (XLV of 1860)

Section: 302

Law: Anti Terrorism Act, 1997

Section: 7(a)

Penal Code (XLV of 1860)--- ----S. 302---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Appreciation of evidence---Occurrence had taken place at 3-30 a.m. in the dark night---Accused were not nominated in the F.I.R.---No direct evidence connecting the accused with the commission of crime was available on record---Evidence of extra-judicial confession against the accused was not corroborated by any witness and the same could not be made a basis for their conviction on a capital charge---Neither the complainant nor any other witness had identified the accused---Recoveries of weapons effected from the accused were of no use as crime-empties secured from the spot were not sent to Forensic Science Laboratory by police---No specific injury had been attributed to accused---Accused were acquitted in circumstances. JUDGMENT KHURSHID ANWAR BHINDER, J.---Muhammad Ashraf alias Kali and Iftikhar Ahmad alias Khair, appellants were convicted under section 7(a) of Anti-Terrorism Act, 1997 read with section 302, P.P.C. by the learned Judge, Anti-Terrorism Court No.1, Lahore vide judgment, dated 7-1-2006, in case F.I.R. No.247, dated 27-7-2004, registered under sections 302/324/353/427/148/149, P.P.C. and section 7, A.T.A., 1997, at Police Station Mangtanwala District Sheikhupura and sentenced to imprisonment of life each with a fine of Rs.25,000 each. They were further directed to pay Rs.2 lacs each as compensation to the legal heirs of the deceased with benefit of section 382-B, Cr.P.C. 2. Briefly the prosecution case is that on 27-7-2004 at about 3-30 a.m. Amjad Ali A.S.-I. along with Zulfiqar Ali 1840/C, armed with G-3 rifle, Muhammad Tufail 1280/C, armed with semi-automatic rifle were patrolling on Official Vehicle No.677-SAF, driven by Muhammad Saleem 478/C, when they reached at a distance of 1/2 Km. from Sokar Canal, they saw five unknown accused having moderate heights and were wearing Shalwars and Qameezes were looting the vehicles as they had blocked the road with a tractor trolley. As soon as the accused saw the police, started indiscriminate firing. Seven fire shots had hit on the back of chest of Muhammad Tufail constable. Zulfiqar Ali constable fired five/seven fire…

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