Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Qatl-i-amd, common intention, act of terrorism---Reappraisal of evidence---Benefit of doubt---Accused was sentenced to death on the charge of firing at and killing a police official---Witnesses who furnished the ocular account stated that the accused and co-accused persons made indiscriminate firing at the police and that the accused was also driving the motorcycle at the time of occurrence---None of said witnesses stated before the Trial Court that it was the shot fired by the accused which hit the deceased police-official and proved fatal---According to the own showing of the prosecution, the accused was also driving a motorcycle at the time of occurrence, therefore, there was little chance that his fireshot would have hit the deceased---Positive report of Forensic Science Laboratory would at the most suggest that the accused also resorted to firing but it would not prove that the shot fired by him had hit the deceased and proved fatal---While extending him benefit of doubt, accused was acquitted of the charges under Ss.302(b) & 34, P.P.C. as well as S. 7(a), Anti-Terrorism Act, 1997---Appeal was partly allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 353---Anti-Terrorism Act (XXVII of 1997), S. 7(h)---Arms Ordinance (XX of 1965), S. 13---Assault or criminal force to deter public servant from discharge of his duty, act of terrorism, possession of weapon and ammunition without any valid licence---Reappraisal of evidence---Accused and co-accused persons were alleged to have fired at a police party which resulted in the death of a police official---Trial Court convicted the accused under S. 7(h) of Anti-Terrorism Act, 1997, S. 353, P.P.C and S. 13 of Arms Ordinance, 1965 and sentenced him to ten years imprisonment, which sentence was upheld by the High Court---Held, that sufficient evidence was available against the accused as he was apprehended from the spot, and recovery of motorcycle as well as rifle used during the occurrence was effected from him---Even otherwise material witnesses of prosecution were police officials who had no malice…

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