Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,376,365-B

Law: Anti Terrorism Act, 1997

Section: 7(a)

Penal Code (XLV of 1860)- ---.---Ss. 302 (b) & 376---.---Anti-Terrorism Act (XXVIL of 1997), S. 7 (a)---.---Qatl-i-amd and rape--Appreciation of Evidence---.---Multiple murders-Sentence, reduction in-- Complainant filed private complaint against twenty accused persons of the occurrence in which five persons were murdered--Trial Court convicted the accused and sentenced him to death while acquitted the remaining nineteen co-accused persons---.--- Validity---.---Empties were taken into possession on 09-01-2007 whereas gun was taken into possession 16-01-2007 and both gun as well as empties were sent to Forensic Science Laboratory on 20-01-2007---.---Such dispatch to Forensic Science Laboratory reduced the evidentiary value of report of Forensic Science Laboratory and had become inconsequential---.---Trial Court had already given premium to a number of persons after thrashing the whole evidence and only the sentence of death of accused remained in field---.---Investigating Officer while appearing in witness box admitted that innocent persons were arrayed as accused---.--- Whole occurrence was the outcome of miscarriage of "Watta-Satta" marriages which was very common in the society although both the parties were closely related to each other---.---Accused acted under the impulse of love with a woman, if it was considered with such materials within the ambit of diminished liability and if such aspect was borrowed from the homicide---.---Provisions of Ss.302(b) & 376 P.P.C. and S. 7(a) of Anti-Terrorism Act, 1997 empowered the Court to pass a sentence upon an accused subject to proof of the case upto imprisonment for life---.---High Court maintained the conviction of the accused but the quantum of sentences inflicted upon the accused under all charges were reduced from death sentence to imprison¬ment for life---.---Appeal was dismissed accordingly. Juma Khan v. The State PLD 2003 Lah. 60 rd. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, JUSTICE:---.------ Ahmad Sher, appellant in the appeal, as mentioned above, has impugned the punishing judgment handed down by the .earned Judge, Anti-Terrorism- Court, Faisalabad on 06.09.2010, whereby after having been…