Case Details

Citation(s)
2021 SLG 1968 2021 SLD 1968 2021 PLJ 1160
Lahore High Court
Crl. A. No. 1059 & C.S.R. No. 38-T of 2015, heard on 18.9.2019, Date of hearing: 18.9.2019.
MUHAMMAD QASIM KHAN, JUSTICE, ASJAD., JAVAID GHURAL, JUSTICE.
Barrister Salman Safdar, Advocate and Miss. Zahida Bano, Advocate (Defence Counsel) for Appellants. Ch. Asif Sharif, Advocate for Complainant. Mr. Muhammad Nawaz Shahid, Deputy Prosecutor General for State.

ZAKA ULLAH AND ANOTHER

VS

STATE ETC.

Law: Anti Narcotics Force Act, 1997

Section: 7(a)

Law: Pakistan Penal Code, 1860

Section: 302(b)

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7(a)--Pakistan Penal Code, (XLV of 1860), Ss. 302(b) 34--Conviction and sentence--Challenge to--Qatl-e-amd Quantum of sentence--Spontaneous death of deceased--No specific motive--Longstanding blood feud enmity--Firstly, deceased had committed murder of two real brothers of co-convict as well as real uncles of appellant and secondly, deceased was involved in seventeen criminal cases of murder and dacoity etc., he remained proclaimed offender for long period, he had created panic in j public-at-large and was a threat to peace for Law Enforcement Agencies and some head-money was fixed for his arrest by Government--Court was persuaded that aforesaid factors are sufficient to be considered as mitigation for reduction of capital sentence of appellant into one of imprisonment for life--Appeal was dismissed by maintaining the conviction. JUDGMENT Asjad Javaid Ghural, JUSTICE.- Through the afore-titled criminal appeals under Section 25 of the Anti-Terrorism Act, 1997 appellants Zaka Ullah and Mubashir Ahmed have challenged the vires of judgment dated 18.05.2015 passed by the learned Judge, Anti-Terrorism Court-IV, Lahore in case FIR No. 656 dated 09.09.2012, in respect of offences under Sections 302, 324, 109, 148, 149, 337-F(i) 337-F(ii), PPC, Section 13 of the Punjab Arms Ordinance, 1965 and Section 7 of the Anti-Terrorism Act, 1997 registered at Police Station, Lower Mall, Lahore whereby they were convicted and sentenced as under: Under Section7(a) of the Anti-Terrorism Act, 1997 read with Section 34, PPC Death and to pay the compensation of Rs. 100,000/- each and in case of non-payment of fine, to further undergo rigorous imprisonment for two years each. Under Section 302(b)/34, PPC Death sentence as Ta’zir and to pay the compensation of Rs. 300,000/-each and in case of non-payment of fine, to further undergo imprisonment for six months each. Under Section 337-F(i)/34, PPC Rigorous imprisonment for three years each and to pay Daman of Rs. 5,000/- in default thereof to further undergo simple imprisonment till the payment of Daman each. Under Section 337-F(iii)/34, PPC Rigorous imprisonment for three years each and to…
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