Law: Pakistan Penal Code, 1860

Section: 302(b),34,337-F(i)

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)--- ----Ss. 302(b), 34 & 337-F(i)---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, common intention, causing damiyah, act of terrorism---Appreciation of evidence---Record had established that, both accused persons, while sharing common intention made firing upon the deceased and were injured---All the witnesses were firm in their deposition---Complainant fully reiterated the contents of Fard-e-Bayan and F.I.R.---One of the prosecution witnesses, stated the date, time and the manner of occurrence---Said witness identified both accused persons in the court being the assailants and ascribed the role played by them---Other prosecution witness had corroborated the statement of said witness on all counts---Some minor discrepancies in the evidence of prosecution witnesses, were not substantive enough to justify or create reasonable doubt in the case of prosecution about the involvement and the guilt of accused persons---Fire-arm Expert's Report showed that recovered arms were in working condition---Anti-terrorism Court had rightly taken the cognizance of offence, as committing murder by accused of a person in daylight and injuring other by making firing, had created sense of fear and insecurity among the people at large; as offence was committed in a barbaric and gruesome manner---Accused persons, had failed to prove defence plea taken by them---Mere bald words of accused persons, were not enough to disbelieve and discredit the confidence-inspiring evidence of prosecution witnesses---Trial Court after proper appraisal of evidence available on record had rightly awarded conviction and sentence to accused persons---Accused persons could not point out any material contradictions and discrepancy which could benefit the defence and failed to point out any error of law, misreading or non-reading of evidence by the Trial Court calling for interference of High Court---Appeal against impugned being devoid of merits, was dismissed, in circumstances. JUDGMENT SHAKEEL AHMED BALOCH, J.---This Criminal Appeal No.352 of 2013 is directed against the judgment dated 29th November 2013 (hereinafter referred as, "the impugned judgment") passed by…

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