Case Details

Citation(s)
2014 SLG 2615 2014 SLD 2615 2014 PLD 809
Supreme Court of Pakistan
Criminal Appeals Nos. 8-K to 11-K of 2014, decided on 29th August, 2014.
SARMAD, JALAL OSMANY, GULZAR AHMED AND MUHAMMAD ATHER SAEED, JJ
Khawaja Naveed Ahmed, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Appellants. Amir Nawaz Waraich, Advocate High Court (In Crl.A.No. 11-K of 2014). Saleem Akhtar Addl. P.C. Sindh for the State.

SHAHID ZAFAR and 3 others

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- --- Ss. 302(b) & 34--- Anti-Terrorism Act (XXVII of 1997), Ss. 6(1)(b) & 7(a)---Criminal Procedure Code (V of 1898), S. 345---Qatl-e-amd, common intention, act of terrorism---Compromise---Reappraisal of evidence---Murder of unarmed person by members of law enforcement agency---Grievous and heinous crime---Sense of fear or insecurity in the public---Accused and co-accused persons were members of a law enforcement agency, and they had a quarrel with the deceased at a park---Deceased was surrounded by accused and co-accused, whereafter one of the co-accused shouted "maromaro", as a result of which the accused fired at the deceased---Deceased pleaded to be taken to hospital, but accused and co-accused did not do the same, despite presence of an official vehicle at the spot---Deceased consequently bled to death---Accused deliberately and wilfully shot the deceased at the instigation of the co-accused persons and they let him bleed to death without offering him any assistance---Such sequence of events abundantly displayed the common intention and object of the accused and co-accused persons---Gruesome murder of deceased at the hands of members of law enforcement agency certainly created a sense of terror, insecurity and panic in the minds and hearts of those who witnessed the scene and the entire public which saw the video of the incident---Accused had compromised with legal heirs of deceased but offence committed by him and co-accused persons under S.7(a) of the Anti-Terrorism Act, 1997 was not compoundable---Supreme Court however observed that following the ratio in the case of Muhammad Nawaz v. The State (PLD 2014 SC 383), wherein sentence of death imposed upon convict under S.7 of the Anti-Terrorism Act, 1997 was reduced to imprisonment for life in the presence of a compromise, the death sentence awarded to present accused should also be reduced to imprisonment for life---Sentence of imprisonment for life awarded to co-accused persons was maintained---Appeal was disposed of accordingly. Muhammad Nawaz v. The State PLD 2014 SC 383 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7(a)---Criminal Procedure Code (V of…
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