Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 309, 310, 337-A(i) & 353---Anti-Terrorism Act (XXVII of 1997), S.7---Pakistan Arms Ordinance (XX of 1965), S.13---Criminal Procedure Code (V of 1898), S. 345--- Qatl-i-amd, compromise, causing Shajjah-i-Khafifah, assault or criminal force to deter public servant from discharge of his duty, act of terrorism, possessing unlicensed arms---Appreciation of evidence---Parties having patched up the matter outside the court, counsel of parties stated that as all the legal heirs of the deceased had forgiven accused in the name of Almighty Allah and had also waived off their right of Qisas and Diyyat, accused could be acquitted of the charge---High Court, satisfied with the report of the Trial Court with regard to compromise arrived at between the parties, was convinced that the legal heirs of the deceased had compounded the offence voluntarily, without duress or coercion and had waived their right of qisas and diyyat---Permission to compound the offence in view of subsection (5) of S.345, Cr.P.C. was accorded to the parties to the extent of S.302(b), P.P.C., in order to maintain relations and bury their hatchets forever---Motive for occurrence was family suit---Motive being suit for dissolution of marriage between accused (husband) and deceased (wife), application of S. 7 of Anti-Terrorism Act, 1997, which primarily required spread of insecurity and fear in the common mind was lacking, as such, definition of "terrorism" was not attracted---Conviction and sentence imposed upon the accused by the Trial Court was set aside; he was acquitted of the charges levelled against him and was set at liberty, in circumstances. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 7---Penal Code (XLV of 1860), Ss.302(b), 309 & 310---Act of terrorism---Determination of---Whether a particular act was an act of terrorism or not the motivation, object, design or purpose behind the act was to be seen---Alleged offence of murder in the case took place because of suit for dissolution of marriage between accused and the deceased lady---Motive for the occurrence was also the suit---Motive being dissolution of marriage between husband…

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