Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-F(iv),427,148

Law: Anti Terrorism Act, 1997

Section: 7(a)

Murder Cases-- ----Unfortunately, it is a common phenomenon in rural neighbourhood of Punjab that in murder cases, along with actual offenders some innocent persons are also dragged and for this reason it is always considered appropriate to peruse record with extreme care and watchfulness.[P. 556] A 2014 SCMR 749. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 337-F(vi), 427 148--Anti-Terrorism Act, (XXVII of 1997), S. 7(a)--Conviction and sentence--Challenge to--Qatl-e-amd--Modification is sentences--This is requirement of such circumspective approach that eyewitness account be appraised by scrutinizing it in reference to corroboration from independent source of unimpeachable nature--If during this scrutiny ocular account is found confidence inspiring but is not corroborated from some other unshakeable source, resort should be had to alternate sentence of imprisonment for life instead of inflicting capital sentence--Motive behind every case of homicide has its own importance more so when five persons are done to death--Projected facts of crime give reflection that assailants were having venom of snake against victims but unfortunately reason of such vengeance was not brought to limelight--Similarly due to failure of prosecution to prove motive sentence of death was converted into imprisonment for life in cases--Prosecution failed to draw a distinguishing line between perpetrators who fired at vehicle in which four deceased were boarded and vehicle in which (deceased) along with “Y” since dead were sitting--There is a consistent view of Hon’ble Apex Courts that in cases wherein it is uncertain that whose fire shot proved fatal then alternate sentence of imprisonment of life to be awarded--All appellants are also awarded conviction u/S. 7(a) of ATA, 1997 which upon review of record is also found by the Court to be suffering from perversity--Admittedly, offence was outcome of personal vendetta and is not committed with mens rea mentioned in Section 6(1) of ATA, 1997--After scrutinizing evidence produced by prosecution we do not find any circumstance to label act of appellants was with intentions and designs mentioned in Section 6(1) of ATA, 1997…

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