Law: Pakistan Penal Code, 1860

Section: 302,392

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Anti Terrorism Act, 1997

Section: 6,7,7(a)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/392--Robbery & Qatl-e-amd--Identification Parade--Recovery of weapon--Acquittal of co-accused--Appreciation of Evidence--Death penalty converted into life imprisonment-- Appellant and acquitted co-accused, committed robbery in a shop on gun point, Rs.25,000/- with a cell phone hand set; upon resistance, one of them resorted to firing; complainant's brother succumbed to the injury, however, his second brother, survived the assault--Appellant was identified in test identification parade as the one who fired upon the deceased and the injured--pistol recovered on his disclosure was found wedded with one of the casings secured from the spot--Test identification parade, under magisterial supervision, is another formidable piece of evidence, exorably pointed upon appellant's culpability--Co-accused has been acquitted on account of a different role assigned to him by the witnesses--His acquittal out of abundant caution, a recognized juridical principle by now well entrenched in our jurisprudence does not adversely impact upon the prosecution case--Dissimilarity of roles assigned to the appellant and the acquitted co-accused, would not rescue the appellant, assigned shots to the deceased as well as the witness, independently corroborated by forensic evidence; the prosecution case to his extent is structured upon independent foundations and would not cast away with co-accused's departure--Occurrence took place inside the shop--Predominant purpose behind the crime as robbery, having no nexus with the situations enumerated in Section 6/7 of the ATA--Therefore, appellant's conviction under Section 7 of the ATA, is not sustainable and set aside--In the totality of the circumstances, alternate penalty of imprisonment for life would meet the ends of justice. Acquittal of co-accused ----The impact of acquittal of co-accused upon appellant's fate--Former has seemingly been acquitted on account of a different role assigned to him by the witnesses on the basis of a supplementary statement; he was blamed to have architected the crime; his acquittal out of abundant caution, a recognized juridical principle by now well…

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