Law: Anti Terrorism Act, 1997

Section: 6(1)(b),7,7(a)

Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(1)(b) & 7---Penal Code (XLV of 1860), S. 302(b)---Act of terrorism, qatl-i-amd---Reappraisal of evidence---Murder committed due to previous enmity---Provisions of Ss. 6 & 7 of the Anti-Terrorism Act, 1997, not attracted in a case of personal enmity---Held, that at a point between the Sessions Court and its canteen the accused along with co-accused persons fired at the deceased and killed him---Alleged motive for the crime was that the deceased had murdered a brother of one of the co-accused---Motive of the crime was thus previous enmity---Accused was arrested on the spot and the weapon of offence was also recovered from him---Nothing was available on the record to show that the accused wanted to create fear or insecurity or terror in or around the Court premises---After shooting the deceased the accused did not offer resistance and was arrested by the police along with the weapon of offence---Since the accused had committed the offence to avenge the murder committed by the deceased, his action would not fall under the ambit of S. 6 of the Anti-Terrorism Act, 1997---Conviction of accused under S. 7 of the Anti-Terrorism Act, 1997 was set aside, in circumstances. Basharat Ali v. Special Judge, Anti-Terrorism Court PLD 2004 Lah. 199 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 7---Act of terrorism --- Murder committed due to personal enmity---Provisions of Ss. 6 & 7 of the Anti-Terrorism Act, 1997 would not be attracted if the murder was committed to avenge private enmity. Basharat Ali v. Special Judge, Anti-Terrorism Court PLD 2004 Lah. 199 ref. THIS JUDGMENT DELIVERED BY: NASIR-UL-MULK, C.J.--- The petitioner was convicted under sections 302(b), P.P.C. and 7(a) of the Anti-Terrorism Act, 1997 (hereinafter to be referred to as "ATA, 1997") for causing death of Muhammad Qasim and on each count was sentenced to death and payment of, compensation and fine respectively. His conviction and sentences on both counts were maintained by the High Court. The legal heirs of the deceased have now entered into compromise with the petitioner, who has filed Criminal Misc. Application No. 380 of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492