Law: Pakistan Penal Code, 1860

Section: 302/324/34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 345

Law: Pakistan Arms Ordinance, 1965

Section: 13

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/34--Anti-Terrorism Act, (XXVII of 1997), S. 7--Criminal Procedure Code, (V of 1898), S. 345--Pakistan Arms Ordinance, (XX of 1965), S. 13--Compromise--Recovery--The legal heirs of the deceased have forgiven the appellants in the name of Allah Almighty and have waived their right of Qisas and Diyat--A land measuring 00-39½ ghuntas out of Survey Nos. 62 and 65 situated in Deh Behlani has been transferred in the name of the three minors--Since the market value of the land was around Rs. 8,00,000/- to 10,00,000/- whereas the diyat share amount of minor legal heirs was Rs. 18,24,328.39/--The requisite amount has been deposited with the Accountant of the Sessions Court--The injured witnesses have also confirmed the factum of compromise with the appellants--Recovery of weapons of offence i.e. one Kalashnikov and a T.T. Pistol from a fish pond, which in all eventualities is an open place--Nothing has been mentioned as to which of the appellant had first led to the recovery or pointed out the place of recovery and in absence of the same, joint recovery of weapons of offence is of no evidentiary value--Said crime empties were neither kept insafe custody nor sent to Chemical Examiner immediately after recovery--Weapon of offence and the crime empties were jointly sent to the office of chemical examiner after a delay of more than two months, for which no plausible explanation is given--Recoveries are inadmissible in evidence and cannot be relied upon to sustain conviction of the appellantss are acquitted. Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7--Terrorism--Jurisdiction--Personal vendetta--“Ghairat”--Personal act--Previous enmity--The occurrence took place over scuffle between the children and the appellants had no specific motive to create terror or insecurity among the society coupled with the fact that it was not pre-meditated rather ultimately resulted into the instant occurrence--Murder was committed due to a very specific reason of “ghairat”, which cannot be termed as terrorism, accepted the compromise and acquitted him of the charge of murder--Murder was committed due to personal act and the…

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