Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism, causing explosion likely to endanger life or property, attempt to cause explosion of, for making or keeping explosion with intent to endanger life or property, possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Prosecution case was that police party while on patrol duty, had seen three persons walking on foot and signaled them to stop---Persons so signaled instead of stopping opened fire on the police party---Police retaliated and arrested said three persons/accused and three grenades and pistols were recovered from their possession---Allegedly, accused persons fired six rounds directly at the police party from a relatively short distance---Police party discharged one hundred and one rounds directly at the accused persons---Record showed that none of the members of police party, the accused, the police mobile or any other property or vehicle was injured or hit in the encounter---Prosecution had given exact number of bullets fired but only ten empties were recovered which discharged from the weapons of the police party---Facts and circumstances established reasonable doubt about the encounter, benefit of which would resolve in favour of accused persons---Accused were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism, causing explosion likely to endanger life or property, attempt to cause explosion of, for making or keeping explosion with intent to endanger life or property, possessing unlicensed…

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