Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,337-H(2),363

Law: Sindh Arms Act, 2013

Section: 25

Law: Anti Terrorism Act, 1997

Section: 7,7(1)(a)

(a) Maxim--- ----Falsus in uno, Falsus in omnibus---Applicability---Said principle is to be applied in judicial dispensation with full force---Witness found to be lying on one material aspect is to be disbelieved on all other aspects of the case. Notice to Police Constable Khizar Hayat son of Hadait Ullah PLD 2019 SC 527 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 149---Anti-Terrorism Act (XXVII of 1997), S.7(1)(a)---Sindh Arms Act (V of 2013), S. 25---Qatl-i-amd, rioting armed with deadly weapons and possession of illegal firearms---Appreciation of evidence---Maxim: Falsus in uno, Falsus in omnibus---Applicability---Accused persons were alleged to have committed Qatl-i-amd, rioting armed with deadly weapons and possession of illegal firearms---Complainant and prosecution witnesses were found to be lying on all material aspects before Trial Court by deposing that accused persons before court were not the same---Evidence of such prosecution witnesses was to be disbelieved on all other aspects---Conduct of eyewitnesses at time of incident created doubt in case of prosecution who remained calm and did not try to rescue the deceased---No independent piece of evidence was available against accused persons to connect them with commission of offence---High Court set aside conviction and sentence awarded to accused persons and acquitted them of charge as prosecution failed to prove its case against them---Appeal was allowed in circumstances. Notice to Police Constable Khizar Hayat son of Hadait Ullah PLD 2019 SC 527 rel. THIS JUDGMENT DELIVERED BY: ABDUL MOBEEN LAKHO, JUSTICE:---.--- Dawood and Ameen faced trial before learned Judge Anti-terrorism Court, Naushahro Feroze for offences under section 302, 363, 337-H(2), 147, 148, 149, P.P.C. read with section 7 ATA, 1997, registered at Police Station New Jatoi. After regular trial vide judgment dated 28.02.2018 accused were convicted under sections 302, 149, P.P.C. read with section 7(1)(a) of Anti-Terrorism Act, 1997, and sentenced to imprisonment for life and to pay compensation of Rs.200,000/- each to be paid to the legal heirs of deceased in terms of Section 544-A, Cr.P.C. In case of default to undergo S.I. for…

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