| Citation(s) |
|---|
| 2017 SLG 1351 2017 SLD 1351 2017 SCMR 1572 |
Supreme Court of Pakistan
Criminal Appeal No. 104 of 2010, decided on 4th May, 2017.Heard on: 4th May, 2017. (On appeal from the judgment Dated20.5.2009 passed by the Lahore High Court, Lahore in Crl.Appeals Nos. 722-724 of 2006 and Crl. Appeals Nos. 127/J and128/J of 2007 and
EJAZ AFZAL KHAN, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE
Ch. Fawad Ahmed, Advocate Supreme Court, Faisal Hussain Ch., Advocate Supreme Court and Mahmood-ul-Islam, Advocate-on-Record (Absent) for Appellants.Rana Abdul Majeed, Additional P.G. Punjab for the State.
Criminal Appeal No. 104 of 2010, decided on 4th May, 2017.Heard on: 4th May, 2017. (On appeal from the judgment Dated20.5.2009 passed by the Lahore High Court, Lahore in Crl.Appeals Nos. 722-724 of 2006 and Crl. Appeals Nos. 127/J and128/J of 2007 and
EJAZ AFZAL KHAN, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE
Ch. Fawad Ahmed, Advocate Supreme Court, Faisal Hussain Ch., Advocate Supreme Court and Mahmood-ul-Islam, Advocate-on-Record (Absent) for Appellants.Rana Abdul Majeed, Additional P.G. Punjab for the State.
WARIS ALI AND 5 othersVSTHE State.
Law:
Section:
(a) Anti-Terrorism Act (XXVII of 1997)---.------.----Ss. 7(a) & 7(c)---.---Penal Code (XLV of 1860), Ss. 302(b), 449 & 458---.---Act of terrorism, qatl-i-amd, house-trespass in order to commit offence punishable with death---.---Reappraisal of evidence---.---Sentence, reduction in---.---Death sentence converted to imprisonment for life---.---Conviction under S. 7 of Anti-Terrorism Act, 1997 converted to one under S. 302(b), P.P.C.---.---Report of the crime was lodged at the crime spot after more than two hours---.---Complainant lodged the crime report, instead of the injured witnesses, who could speak coherently at that time---.---Injured victims with bleeding wounds were kept at the spot for hours, till the police arrived, thus, question arose as to why they were not moved quickly to the hospital for medical aid and treatment---.---Admittedly, the motive for the crime related to the complainant and he should have been the prime target, however, he was not caused any harm during the occurrence and his life was spared---.---In the present case, the acts committed and executed were the consequence of personal motive and despite being gruesome in nature, no element of "terrorism" defined by the legislature was found---.---Parties had a blood feud since long and the object to be achieved was to take revenge---.---Conviction of the accused persons under S. 7(a) of the Anti-Terrorism Act, 1997 was set aside and the same was converted to one under S.302(b), P.P.C., and the death sentences awarded to all the accused persons were reduced to life imprisonment---.---Appeal was disposed of accordingly.(b) Anti-Terrorism Act (XXVII of 1997)---.------.----Ss. 6 & 7(a), 7(b) & 7(c)---.---Act of terrorism---.---Mens rea---.---Scope---.---In cases of terrorism, "mens rea" was essentially the object to carrying out terrorist activities to overawe the State, the State institutions, the public at large, destruction of public and private properties, assault on the law enforcing agencies or the public at large---.---Ultimate object and purpose of such acts was to terrorize the society or to put it under constant fear, while in ordinary crimes committed due to…