| Citation(s) |
|---|
| 2009 SLG 3453 2009 SLD 3453 2009 PCRLJ 948 |
Lahore High Court
Criminal Appeals Nos.80 and 1494 of 2008, heard on 9th April, 2009. Date of hearing: 9th April, 2009.
Before Khawaja Muhammad Sharif and M.A. Zafar, JJ
Tahir Qureshi for Appellant (in Criminal Appeal No.80 of 2008). Khawaja Ijaz Feroz and Muhammad Tahir Butt for Appellant (in Criminal Appeal No.1494 of 2008). Rana Bakhtiar Ali, D.P.-G. for the State.
Criminal Appeals Nos.80 and 1494 of 2008, heard on 9th April, 2009. Date of hearing: 9th April, 2009.
Before Khawaja Muhammad Sharif and M.A. Zafar, JJ
Tahir Qureshi for Appellant (in Criminal Appeal No.80 of 2008). Khawaja Ijaz Feroz and Muhammad Tahir Butt for Appellant (in Criminal Appeal No.1494 of 2008). Rana Bakhtiar Ali, D.P.-G. for the State.
MUHAMMAD USMAN and 5 others----Appellants
VS
THE STATE----Respondent
Law: Penal Code (XLV of 1860)
Section: 216
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section: 13(b)
Law: Explosive Substances Act, 1908
Section: 407
Law: Anti Terrorism Act, 1997
Section: 21-J,19(8-B)
Penal Code (XLV of 1860)--- ----S. 216---West Pakistan Arms Ordinance (XX of 1965), S.13(b)---Explosive Substances Act (VI of 1908), 5.407---Anti-Terrorism Act (XXVII of 1997), Ss.21-J & 19(8-B)---Appreciation of evidence---Sentence, reduction in---Police party, to arrest a proclaimed offender, raided a house where said proclaimed offender along with accused persons was present and they were apprehended---Accused persons had themselves admitted that said proclaimed offender was their relative---So far as prior sanction as envisaged in S.7 of Explosive Substances Act, 1908 was concerned, same did not hold the field any more in view of subsection (8-B) of S.19 of Anti-Terrorism Act, 1997---Sealed parcel brought before Bomb Disposal Commander, contained two hand grenades with detonating assembly; it had fully been proved that hand grenades recovered from possession of one of accused persons was an explosive---Discrepancies in the statement of prosecution witnesses pointed out by the counsel for accused persons were trivial in nature and were not sufficient to believe that case against accused persons was of doubtful nature---Recovery of hand grenade was effected from underneath the pillow of cot of one of accused persons; it could not be said, in circumstances, that hand grenade was not recovered from the possession of accused as he. was found lying on a cot---Prosecution, in circumstances, had fully proved its case against accused persons to the hilt beyond any reasonable shadow of doubt---Conviction and sentences recorded by the Trial Court vide impugned judgment were maintained in toto---Sentences recorded against accused persons under S.216, P.P.C., S.21-J of Anti-Terrorism Act, 1997 and S.4 of Explosive Substances Act, 1908 were reduced from seven years to five years' R.I. Mushtaq Ahmed v. The State PLD 1996 SC 574; Muhammad Parvaiz v. The State 2005 SCMR 1038; Muhammad Rafiq-ul-lslam v. The State 1998 PCr.LJ 1262 and Adam Khan v. The State PLD 2000 Pesh. 3 rel. JUDGMENT M.A. ZAFAR, J.--- This judgment will dispose of Criminal Appeal No.80 of 2008 filed by Muhammad Usman, Muhammad Rizwan, Muhammad Muzafar, Muhammad Ramzan and Muhammad Naseer and Criminal…
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