Case Details

Citation(s)
2016 SLG 2971 2016 SLD 2971 2016 YLR 2632
Lahore High Court
Criminal Appeal No. 62 of 2011 and Capital Sentence Reference No. 1-T of 2011, heard on 1st February, 2016. DATE of hearing: 1st February, 2016.
QAZI MUHAMMAD AMIN AHMED, JUSTICE AND RAJA SHAHID MEHMOOD ABBASI, JUSTICE

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HAMEED ULLAH

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)---.--- ---.---Ss. 302, 324, 435, 436, 120-B & 34---.---Explosive Substances Act (VI of 1908), Ss.4 & 5---.---Anti-Terrorism Act (XXVII of 1997), S. 7---.---Qatl-i-amd; attempt to commit qatl-i-amd; mischief by fire or explosive substance with intent to cause damage; mischief by fire or explosive substance with intent to destroy house; criminal conspiracy; attempt to cause explosion or for making or keeping explosive with intent to endanger life or property; making or possessing explosives under suspicious circumstances---.---Act of terrorism---.---Appreciation of evidence---.---FIR, having been lodged promptly, excluded the chances of any fabrication or consultation---.---Spot arrest of the accused along with explosive jacket, hand grenades and personal belongings had furnished solid proof of his guilt---.---Accused, who admittedly was resident of Waziristan, could not furnish any explanation as to his presence at the spot along with suicide jacket and grenade and why all the eye-witnesses had unilaterally nominated him in the case---.---Prosecution witnesses were natural witnesses and had specifically explained the reasons for being present at the spot---.---Prosecution witness from Bomb Disposal Squad, having examined and prepared report regarding the suicide jacket and the hand grenade, deposed that the grenade was alive and detonator was in working condition, which fully lent support to the prosecution case---.---Accused had led the police to the recovery of huge quantity of explosive material, detonators, explosive jackets, rocket launchers, grenades, etc., for which a separate case had been registered against him---.---Statements of the prosecution witnesses had corroborated with each other on all material particulars of the case, and the same were consistent, straightforward and confidence inspiring, which were sufficient enough to prove the case against the accused---.---Accused had not produced any evidence in his defence to substantiate his version---.---No mala fide against the prosecution witnesses could be brought on record---.---Accused had also failed to make statement under S. 340, Cr.P.C---.---Appeal against…
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