Law: Pakistan Penal Code, 1860

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Anti Terrorism Act, 1997

Section: 6,7(a)

(a) Penal Code (XLV of 1860)--- ----S. 302---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Murderous assault in court premises---Reappraisal of evidence---Conviction under Anti-Terrorism Act, 1997---Scope---Accused was present in court to record his statement as a witness when the murderous assault took place and accused allegedly fired at the complainant side---Anti-Terrorism Court sentenced the accused to death on two counts---Held, that admittedly there was enmity raging between both parties---Accused was arrested on the spot in the court room and he had not denied his presence during the episode albeit with the story of uncalled for provocation offered by the deceased persons---Three casings secured by the investigating officer though in commensurate with the number of alleged fire shots,nonetheless, were opined to have been fired from the weapon carried by the accused---Totality of circumstances pointed to the accused's guilt, and he had rightly been convicted on the charge of homicide, however his conviction under the Anti-Terrorism Act, 1997 was not in consonance with the law declared by the Supreme Court in the cases reported as Amjad Ali and others v. The State (PLD 2017 SC 661) and Farooq Ahmad v. The State and another (PLJ 2017 SC 408) and was, therefore, set aside---Appeal was dismissed with the said modification. Amjad Ali and others v. The State PLD 2017 SC 661 and Farooq Ahmad v. The State and another PLJ 2017 SC 408 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Murderous assault in court premises---Re-appraisal of evidence---Sentence, reduction in---Death sentence altered to imprisonment for life---Accused was present in court to record his statement as a witness when the murderous assault took place and accused allegedly fired at the complainant side---Trial Court sentenced the accused to death on two counts---Held, that the accused himself sustained injuries during the occurrence receipt whereof was denied by the prosecution witnesses---Such circumstance clouded moments immediately preceding the occurrence into mystery, particularly when in the given background, the accused was appearing only as a witness and had no exclusive motive,…

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