Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 186 & 353---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, obstructing public servant in discharge of public functions, assault or criminal force to deter public servant from discharge of his duty, act of terrorism---Appreciation of evidence---Three prosecution witnesses/Police Officials, were in complete union with fourth one---Reports of Chemical Examiner and Serologist, were in positive---Pistol recovered from accused, was in operating condition, and accompanying empties wedded therewith---Manner in which the deceased was killed, was not shrouded in mystery---Deceased, being Police Official, had laid his life in line of duty valiantly, while vindicating the dignity and honour of his calling---FIR, was not result of consultation, or deliberation, as accused was arrested red-handed with his weapon; no occasion or necessity existed for such an exercise---No material contradictions were found in the statements of witnesses, who were subjected to a grueling cross-examination---Difference between timings, given by some of the witnesses, was of no consequence, as such minute things were not observed in situation of crisis---No irreconcilable contradiction was found among the eye-witnesses---Police Officials, were as good witnesses as anyone from the public, for the reason that, it was not the status of a person that conferred credibility on him as a witness, but it was intrinsic value of his testimony, which was considered for acceptance of his deposition---Police Officials, in the present case, were natural witnesses, their presence at the spot could not be disputed---Even-dated dispatch of casings and 30 caliber pistol, lent corroborative support to prosecution's case without reservation---Where an accused was arrested red-handed, with the weapon and casings were secured the same day, even-dated dispatch, would not diminish value of a positive report---Objection about omission by the Trial Court to specifically mention S.7 of Anti-Terrorism Act, 1997, in the charge, was merely hyper-technical, causing no prejudice to accused, who was fully conscious about the nature of…

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