Law: Pakistan Penal Code, 1860

Section: 302/324/392/411/34

Law: Anti Terrorism Act, 1997

Section: 7(a)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/392/411/34--Anti Terrorism Act, 1997, S. 7(a)-- Qatl-i-Amd--Sentence--Challenge to--Complainant lost his brother and a nephew--Witnesses are closely related--Broad-day light occurrence leaving no space to admit any hypothesis of substitution--Prosecution's failure to bring on record medico legal certificates of injured, nonetheless, does not adversely impact upon totality of circumstances--Nomination of accused in crime report without any loss of time--Upheld Life imprisonment, however conviction u/s 7 of ATA, 1997 was set aside. PLD 2020 SC 61 ref. JUDGMENT Qazi Muhammad Amin Ahmed, J.- Haji Muhammad Nadir, 50/55, and his son Muhammad Mohsin, 24/25, were gunned down while resisting robbery at 4/5:00 p.m. on 29.12.2009 in their shop located within the precincts of Police Station City Jarranwala; Muhammad Babar (PW-13) and Muhammad Usman (given up) survived the assault. The appellant was one of the four assailants, nominated in the crime report; of them, Malik Irfan and Arshad alias Pehlwan were killed in a police encounter whereas Asif Manzoor is still away from law. The appellant alone contested indictment on multiple charges before the learned Judge Anti-Terrorism Court-I, Faisalabad; vide judgment dated 6.4.2011, he was convicted and sentenced as under:-- i. Under Section 302(b)/34, P.P.C. for committing Qatl-i-amd of Haji Muhammad Nadar (deceased) to suffer death penalty with payment of compensation to the tune of Rs. 500,000/- or six months' SI in the event of default. ii. Under Section 7(a) of Anti-Terrorism Act, 1997 for committing Qatl-i-amd of Haji Muhammad Nadar (deceased) to suffer death penalty with payment of compensation to the tune of Rs. 500,000/- or six months' SI in the event of default. iii. Under Section 302(b)/34, P.P.C. for committing Qatl-i-amd of Muhammad Mohsin (deceased) to suffer death penalty with payment of compensation to the tune of Rs. 500,000/- or six months SI in the event of default. iv. Under Section 7(a) of Anti-Terrorism Act, 1997 for committing Qatl-i-amd of Haji Muhammad Nadar (deceased) to suffer death penalty with payment of compensation to the tune…