Law: Pakistan Penal Code, 1860

Section: 302,302(b),384

Law: Criminal Procedure Code (V of 1898)

Section: 154,173,342,382B

Law: Qanun-e-Shahadat (10 of 1984)

Section: 71

Law: Anti Terrorism Act, 1997

Section: 6(2)(k),7(h)

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 384---Anti-Terrorism Act (XXVII of 1997), Ss. 6(2)(k) & 7(h)---Qatl-i-amd, extortion, extortion of money or property, act of terrorism---Appreciation of evidence---Sentence, modification of---Prosecution case was that accused, a police constable, demanded bhatta from younger brother of complainant, on refusal, accused committed his murder---Ocular testimony was furnished by the prosecution in the shape of statements of complainant and two witnesses---Record showed that complainant was not eye-witness and only two persons were eye-witness of the incident---One eye-witness had deposed that on the day of occurrence, he along with other eye-witness was talking to deceased, accused came and demanded money from the deceased to which he replied that today he had no money and he would pay on the next day---Harsh words were exchanged, accused angrily went to the police line and then fired twice at deceased, who fell down on the ground and they shifted him to hospital but he died on the way---Other eye-witness of the occurrence had also supported the version of said eye-witness---Record showed that there had not been any serious challenge to presence of said private eye-witnesses at place of incident nor there was any denial to claim of friendship of said witnesses with the deceased---Accused had also brought nothing on record against eye-witnesses as well as complainant which could justify replacement of real culprit with accused---Eye-witnesses were friends of deceased whose words were believed by complainant, hence, it did not appear to be believable that both of them agreed in substitution of real culprits with innocent person/accused when undeniably the incident was of day-light---Prosecution had examined Police Constable/witness, who was performing his duty on the main gate of police line---In his evidence, said witness had deposed that on the day of incident, his duty was on main gate of police line, accused was also assigned duty at main gate with him---Said witness had stated that he went to sit in the guard room to check the mail, during that accused took his SMG rifle and immediately fired at deceased, standing in…

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