Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 34 & 109---Anti-Terrorism Act (XXVII of 1997), Ss.6 & 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, abetment, act of terrorism---Appeal against acquittal---Reappraisal of evidence---No evidence was available on record against respondent/ accused, except his absconsion, which could not be proved by the prosecution as intentional and deliberate---Name and address of accused was also wrongly mentioned in the warrants etc., due to which accused was not aware about the trial of the case and consequent sentence for imprisonment was awarded by the Trial Court---No charge was framed by the Trial Court after the arrest of accused---Judgment of the Trial Court was passed in absentia, which was violative of Fundamental Rights of accused---Chief Court had rightly set aside the of the Trial Court---No indulgence was warranted by the Supreme Appellate Court---Petition for leave to appeal was converted into appeal and was dismissed---Impugned passed by Chief Court was maintained, in circumstances. THIS JUDGMENT DELIVERED BY: DR. RANA MUHAMMAD SHAMIM, C.J.--- This petition has arisen out of the impugned judgment dated 21.06.2017 passed in Cr. Appeal No. 15/ 2017 by the learned Chief Court whereby the said Criminal appeal filed by the respondent was accepted by setting aside the judgment of the learned trial Court (Anti-Terrorism Court) at Gilgit dated 10.08.2015. Consequently, the respondent was acquitted from the charges levelled against him. The petitioner being aggrieved by and dissatisfied with filed Cr.P.L.A. No. 34/2017 in this Court. This Court vide order dated 17.10.2017 issued bailable warrant of arrest against the respondent and the case is heard today. 2. Briefly, the facts of the case are that the one Syed Nizam-ud-Din Rizvi lodged FIR No. 12/2005 under Sections Nos. 302, 324, 34, and 109, P.P.C. read with sections 6/7 of The Anti-Terrorism Act, 1997 on 08.01.2005 at Police Station City Gilgit with regard to the murder of his real brother Syed Aga Zia-ud-Din Rizvi. The complainant, however, did not charge any one for commission of offence yet he raised finger of suspicion towards the…

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