Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7(c)(h)---Penal Code (XLV of 1860), S.324---Act of terrorism, attempt to commit qatl-i-amd---Appreciation of evidence---Previous enmity existed between the parties, and occurrence had taken place on the road side out of the District Courts premises---Offences under S.7(c) & (h) of Anti-Terrorism Act, 1997, were not attracted---Convictions and sentences recorded by the Trial Court under S.7(e)(h) of the Anti-Terrorism Act, 1997, were set aside, in circumstances. (b) Penal Code (XLV of 1860)--- ----S.324---Attempt to commit qatl-i-amd---Appreciation of evidence---Incident was a daylight occurrence---Co-accused were acquitted, because effective firing was not attributed to them---Maxim "falsus in uno falsus in omnibus" had no universal application---Court was to sift the grain from the chaff---Credibility of eye-witnesses, could not be said to have been shattered due to acquittal of co-accused---All said eye-witnesses, were cross-examined at length, but their evidence could not be shaken---Said witnesses corroborated each other on all material aspects of the case to the extent of accused; their evidence (to the extent of accused) was straightforward, trustworthy and confidence inspiring---Medical evidence, had fully supported the ocular account, furnished by eye-witnesses---Alleged recovery of .30 bore pistol from the possession of accused in absence of positive report of Forensic Science Laboratory, was inconsequential---Prosecution had proved its case against accused beyond shadow of doubt through ocular account supported by medical evidence---Accused had failed to prove his defence plea and Trial Court had rightly discarded the plea with sufficient reasons---Accused had rightly been convicted by the Trial Court under S.324, P.P.C.---Conviction and sentence awarded by Trial Court to accused under S.324, P.P.C., were maintained, with benefit of S.382-B, Cr.P.C.---Appeal of accused to that effect, was dismissed. THIS JUDGMENT DELIVERED BY: SADAQAT ALI KHAN, JUSTICE:------------ The instant Crl. Appeal No.1059-2011 has been filed by Habib Khyzer present appellant/ convict against judgment dated 21.07.2008 passed…

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