Law: Penal Code (XLV of 1860)

Section: 302(b),324,186,353

Law: Criminal Procedure Code (V of 1898)

Section: 235

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 186 & 353--Anti-Terrorism Act, (XXVII of 1997), S. 7--Criminal Procedure Code, (V of 1898), S. 235--Broad daylight occurrence--Nominate in FIR--Ocular account and medical evidence--Site plan--Empties--Imprisonment for life--Appellant made a fire shot at deceased which landed on left side of his chest--Occurrence has taken place in broad daylight whereas both accused nominated in crime report were previously known to prosecution witnesses--Although petitioner has committed crime at two different places commencing from Court premises and finally when he reached in front of Tea-staff which is at distance of 1 ½ kilometers it would be presumed one and same transaction as per spirit of law--Both witnesses of ocular account are unanimous on salient features of prosecution version qua time, mode and manner of occurrence--Both witnesses were found trustworthy, reliable, independent and straightforward by two Courts below--Statement of prosecution witnesses of ocular account if contradictory to site plan it would have precedent over distance mentioned in site plan--Statement of prosecution witnesses of ocular account corroborated by medical evidence--Ocular account is always considered as principle evidence--The litmus test to evaluate veracity of prosecution witnesses of ocular account depends being independent, reliable, trustworthy and confidence inspiring--Appellant was apprehended at spot by police officials soon after occurrence leaving no ambiguity qua involvement of petition--Empties recovered from spot are matched with weapon recovered from appellant--Division Bench of High Court--Converted sentence of death to imprisonment for life--Appeal dismissed. PLD 1976 SC 234; 1998 SCMR 1823 ref. Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 6 & 7--Terrorism--Brief history of law emerged relating to terrorism--Target of terrorism was state functionaries, holding key positions, and every notable entity from every walk of life including law enforcing agencies. Use of explosive, sophisticated weapons, bomb blasting, target killing, abduction for ransom, extortion to generate funds for terrorist activities…

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