Law: Anti Terrorism Act, 1997

Section: 7

Law: Pakistan Penal Code, 1860

Section: 34,302(b),324

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7---Penal Code (XLV of 1860), Ss. 302(b), 324 ,  34---Murderous assault---Occurrence taking place due to scuffle between children---Occurrence result of personal vendetta---No premeditation for the assault---Specific motive to create terror or insecurity amongst the society lacking---Provision of section 7 of the Anti-Terrorism Act, 1997 would not be attracted in such circumstances. Occurrence took place over scuffle between the children and the accused persons had no specific motive to create terror or insecurity among the society coupled with the fact that it was not pre-meditated rather ultimately resulted into the present occurrence. Provision of section 7 of the Anti-Terrorism Act, 1997 was not attracted in the present case as the occurrence was the result of personal vendetta, therefore, the conviction and sentence recorded under section 7 of the Anti-Terrorism Act, 1997 was set aside. Ghulam Hussain v. The State PLD 2020 SC 61; Muhammad Akram v. The State 2022 SCMR 18; Farooq Ahmed v. The State 2020 SCMR 78 and Dilawar Mehmood v. The State 2018 SCMR 593 ref. The compromise between the legal heirs of both the deceased along with injured witnesses had been effected in the substantive offence i.e. sections 302, 324 and 34, P.P.C., which fact was reported to be genuine by the Sessions Judge. Interest of the minors of the deceased had also been safeguarded. Appeals were allowed, and accused persons were acquitted of the charge of murders and of causing injuries to witnesses. (b) Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(e)---Unlicensed possession of arms, etc.---Reappraisal of evidence---Joint recovery of weapons of offence---Crime empties neither kept in safe custody nor sent to Chemical Examiner immediately after recovery---Recoveries inadmissible in evidence---Recovery memo and site plan reveal that accused persons while in police custody jointly led to the recovery of weapons of offence i.e. one Kalashnikov and a T.T. Pistol from a fish pond, which in all eventualities was an open place---Nothing had been mentioned as to which of the accused persons had first led to the recovery or pointed out…

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