Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-H(2), 109, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S.7(c)---Attempt to commit qatl-i-amd, hurt by rash and negligent act, abetment, rioting armed with deadly weapon, common intention, act of terrorism---Appreciation of evidence---Sentence, reduction in---Delay of more than three hours in lodging FIR---Although there was delay of three hours and twenty five minutes in registration of FIR but fact remained that eleven persons received injuries during the occurrence and time had been consumed to shift the injured to hospital---Delay of three hours and twenty five minutes was not fatal to the prosecution case as the prime consideration for the complainant to save the lives of injured victims---Circumstances ruled out the chance of consultation and deliberation---High Court, in circumstances, reduced the imprisonment from ten years to imprisonment for six years---Appeal against conviction and sentence with said modification was dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 337-H(2), 109, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S.7(c)---Attempt to commit qatl-i-amd, hurt by rash and negligent act, abetment, rioting armed with deadly weapon, common intention, act of terrorism---Appreciation of evidence---Sentence, reduction in---Allegations against accused persons were that they made firing on complainant and his cousin with the intention to kill them---Accused party had made indiscriminate firing at the spot due to which 8/10 persons fell down after receiving firearm injuries---Prosecution produced complainant and injured victims as eye-witnesses to prove the ocular account---Both the witnesses had explained time, place of occurrence, inasmuch as each and every segment of the occurrence in a straightforward and clear-cut manner---Said witnesses had explained the mode and manner of taking place of the occurrence---Credibility of the eye-witnesses were not shattered despite lengthy cross-examination--- Witnesses remained consistent on all material points and remained stuck to their stance that the accused and co-accused persons fired at the spot and caused injuries to both the injured…

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