Case Details

Citation(s)
2019 SLG 2298 2019 SLD 2298 2019 PLJ 97
Balochistan High Court
Crl. A. No. (T)45 of 2016 & M.R. No. (T)02/2016, decision Dated: 10.01.2018. Hearing Dated: 06.12.2017.
ABDULLAH BALOCH, JUSTICE MUHAMMAD HASHIM KHAN KAKAR, JUSTICE
Petitioner(s) by: Sardar Ahmed Haleemi, Advocate
Respondent(s) by: Mr. Sudheer Ahmed, D.P.G.

LAL BAKHSH AND ANOTHER

VS

STATE

Law: Anti Terrorism Act, 1997

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

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,302(b)

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 6(1)(b) or (c)--Honour killing--Jurisdiction of Court--Whether honor killing is triable by Anti-Terrorism Court--Hon'ble Supreme Court has held that the honour killings are the cases of a private offence committed in the privacy of a home with no design or purpose contemplated by Section 6(1)(b) or (c) of the Anti-Terrorism Act, 1997--It has further been held that that the jurisdiction of Anti-Terrorism Court is not attracted and it was held that the case is triable by the Ordinary Court having jurisdiction in the matter. PLD 2012 Balochistan 22 ref. Crimes for Personal Motive-- ----Supreme Court held that crimes for personal motive are committed in a gruesome or detestable manner, by itself would not be sufficient to bring the acts within the meaning of terrorism or terrorist activities. 2017 SCMR 1572 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Anti-Terrorism Act (XXVII of 1997), S. 7(a)--Conviction and sentence--Challenge to "Honor Kelling"--Dual Murder--Jurisdiction of Court--Admittedly, the dual murders in the case in hand was committed on the allegations of honour killing being private offence coupled with the fact the private object is involved in the matter and even the crime was committed within the boundary wall of a house, which is triable by the Ordinary Court having jurisdiction in the matter, irrespective of the fact that as how brutal manner was adopted in committing the dual murder of deceased. PLD 2012 Bal. 22 & 2017 SCMR 1572 rel. THIS JUDGMENT DELIVERED BY: Abdullah Baloch, J.- This common judgment disposes of Criminal Appeal No. (T) 45 of 2016 filed by the appellants Lal Bakhsh son of Dad Muhammad Jameel son of Lal Bakhsh and Dad Muhammad son of Lal Bakhsh, against the judgment dated 11th November 2016 (hereinafter referred as, "the impugned judgment") passed by learned Speical Judge, Anti-Terrorism Court, Mekran at Turbat (hereinafter referred as, "the trial Court") whereby the appellant Lal Bakhsh was convicted under Sections 302(b), 149, P.P.C. r/w Section 7(a) of Anti-Terrorism Act, 1997 and sentenced to life imprisonment on two counts for committing the Qatl-i-amd…
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