Law: Penal Code (XLV of 1860)

Section: 302(b),34,353,440,148,149

Law: Explosive Substances Act, 1908

Section: 3,4

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 353, 440, 148 149---Explosive Substances Act (VI of 1908), Ss. 3 4---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief committed after preparation made for causing death or hurt, rioting armed with deadly weapon, unlawful assembly, recovery of explosive substance and firearms, act of terrorism---Appreciation of evidence--- Benefit of doubt---Prosecution case was that during the encounter which took place between the police party and accused persons, three Police Constables were gunned down by the accused persons and they also caused certain injuries to six Police Officials---Record showed that twenty six accused of the present occurrence preferred appeal against their convictions, which was allowed by the Court---Present accused had been convicted by the Trial Court on the same set of facts and evidence, which High Court had not considered sufficient to warrant their conviction---No special features were found which distinguished accused’s case/role from the said accused persons justifying recording conviction and sentence to the present accused---Present accused was also entitled to the same benefit of doubt earlier extended in favour of accused of the same case---Appeal against conviction was allowed, in circumstances. JUDGMENT ADNAN-UL-KARIM MEMON, J.---This criminal appeal is directed against the judgment, dated 07.09.2016, passed by the Court of Special Judge, Anti-Terrorism Kashmore @ Kandhkot in Special Case No.28/2013, arisen out of FIR No.47/2009, registered at Police Station A-Section Kandhkot under sections 302, 353, 324, 440, 148, 149, P.P.C., 3/4 Explosive Act and 6/7 A.T.A, 1997, whereby the present appellant, namely, Arsallah son of Ghulam Hyder (absconding accused) was convicted and sentenced along with 27 others co-accused persons, as under: (i) Under sections 302(b), 149, P.P.C read with section 7(a) of Anti-Terrorism Act, 1997, to suffer R.I. for life and pay fine of Rs.100,000/- each to the legal heirs of deceased PC Nazakat Ali, PC Meer Ali and PC Shamsuddin as…

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