Law: Pakistan Penal Code, 1860

Section: 302(b),324,149

Law: Anti Terrorism Act, 1997

Section: 7(a)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324 149--Anti-Terrorism Act, (XXVII of 1997), S. 7(a)--Conviction and sentence--Challenge to--Qatl-e-amd--Motive--Previous enmity--Motive behind this occurrence was longstanding blood feud enmity between parties--Defence has not denied existence of enmity rather admitted it in so many words during cross-examination--This incident was backdrop of previous blood-feud enmity between parties, which was specifically mentioned in crime report and even in deposition of eye-witnesses before trial Court--existence of previous enmity between parties has also not been denied by defence rather it is admitted one--Question which requires determination by High Court is that whether alleged act of appellants for causing death of five persons including their own companion and injures to three injured witnesses was accompanied by ‘design’ or ‘purpose’ within ambit of sub-section (1)(b)(c) to attract any of category specified in sub-section (2) of Section 6 of act ibid or not--In present scenario when occurrence was result of previous enmity, though it was a thoroughfare and took lives of five persons and injuries to three others yet on this score alone, provisions of Anti-Terrorism Act, 1997 does not attract to facts and circumstances of case--Appeal partially allowed. PLD 2016 SC 195. JUDGMENT Asjad Javaid Ghural, JUSTICE.- Through Criminal Appeal No. 676 of 2010 in terms of Section 25 of the Anti-Terrorism-Act, 1997 read with Section 410, Cr.P.C., appellants Muhammad Rafique and Muhammad Asif have challenged the vires of judgment dated 08.03.2010 passed by the learned Judge, Anti-Terrorism Court-II, Lahore in case FIR No. 157 dated 11.06.2008 in respect of offences under Sections 302, 324, 148 149 PPC and Section 7 of The Anti-Terrorism Act, 1997, registered at Police Station, Raja Jang, District Kasur whereby they were convicted and sentenced as under: Under Section 302(b), 149, PPC Death on four Courts each and to pay the compensation of Rs. 200,000/- each to the legal heirs of each deceased under Section 544-A, Cr.P.C. and in default thereof to further undergo simple imprisonment for six months each. Under Section…

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