Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 302(c), 396, 392 & 353---West Pakistan Arms Ordinance AX of 1965), S.13-D---Appreciation of evidence---Crime empties secured from the scene of murder were found by the Ballistic Expert to have been tired from the rifle and the pistol recovered from the possession of accused--­Prosecution witnesses had corroborated each other who were independent witnesses having no enmity or motive for false implication of accused--­Chain of facts and circumstances from the stage of robbery till arrest of the accused and recovery of weapons of offence from them had established that they. four in number. with common intention had committed robbery in the coach and thereafter committed the murder of the police constable---Judicial confession made by accused was true and voluntary and although it had been retracted, yet it was supported and corroborated on all material particulars by other evidence on record and, thus, it could safely be relied upon for conviction of accused--.- Prosecution. thus, had proved its case against accused beyond doubt---Section 396, P.P.C. being not applicable in the case, conviction and sentence awarded to accused thereunder were set aside--­Other convictions and sentences of accused were maintained with necessary modifications. (b) Penal Code (XLV of 1860)--- ----S. 396---Dacoity---Applicability of S.396, P.P.C.---Provision of S.396, P.P.C. is applicable where five or more persons are involved in the case--­Only four ,persons being involved in. the case conviction awarded by Trial Court under S.396. P.P.C. was not warranted by law which, was set aside by the High Court. Muhammad Gul v. .The State 1991 SCMR 942; Ali Muhammad v. Ali Muhammad PLD 1996 SC 274 and Abdul Zahir v. The State 2000 SCMR 406 ref. JUDGMENT RAHMAT HUSSAIN JAFFERI, J--This judgment will dispose of Special 'Anti-Terrorism Appeals Nos. 1S and 22 of 2001 and Confirmation Case No. 3 of 2001 as they arise from a common judgment. 2. The Appeals have been directed against the judgment dated 1-3-2001 passed by Anti-Terrorism Court No.III, Karachi, in (i) Special Case No.3 of 2001 (The State v. Jamal Khan and others), arising out of…

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