Law: Anti Terrorism Act, 1997

Section: 7(a),7(b),7(h)

Anti-Terrorism Act (XXVII of 1997)-----Ss. 7(a), (b) & (h)---Murder of police official to resist arrest---Re-appraisal of evidence---Death sentence, confirmation of---Accused was a proclaimed offender in many cases---Accused resisted his arrest by police, and started firing which caused the death of a police official---Crime empties recovered from the spot of occurrence matched with the weapon recovered from the accused---Five police officials appeared as eye-witnesses and during their cross-examination they remained firm on all major particulars of the case i.e. date, time and place of occurrence---Prosecution witnesses had no enmity with the accused to falsely implicate him in the present case---FIR was promptly registered i.e. thirty minutes after the time of occurrence, wherein accused was specifically nominated with a specific role---Such promptly lodged FIR excluded any chance of false implication---Prosecution had proved its case against the accused beyond any shadow of doubt---Death sentence awarded to accused was confirmed in circumstances---Appeal was dismissed accordingly. JUDGMENT IJAZ AHMED CHAUDHRY, J.---Appellant along with two other co-accused was tried in case registered vide FIR No. 503 dated 20.7.2003 under sections 302, 324, 353, 332, 186, 34, P.P.C. read with section 7 of the A.T.A., 1997, at Police Station Baghbanpura, Lahore. The learned Trial Court vide its judgment dated 19.8.2005 while convicting and sentencing co-accused on various counts, convicted the appellant under section 7(a) of the A.T.A. and sentenced him to death with a fine of Rs.50,000/- or in default whereof to further undergo two months SI. He was also convicted under section 7(b) of the A.T.A. and was sentenced to 10 years RI with a fine of Rs.10,000/- or in default whereof to further undergo two months' SI. He was further convicted under section 7(h) of the ATA and was sentenced to 10 years' RI with a fine of Rs.10,000/- or in default whereof to further undergo two months' SI. The learned High Court vide impugned judgment maintained the convictions and sentences recorded by the learned Trial Court against the appellant. 2. Facts as given in the impugned judgment are…

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