Law: Penal Code (XLV of 1860)

Section: 302

Law: Anti Terrorism Act, 1997

Section: 6

(a) Penal Code (XLV of 1860)--- ----S. 302---Anti-Terrorism Act (XXVII of 1997), S. 6---Qatl-i-amd---’Terrorism’---Personal enmity---Scope---Allegation against accused persons was that they entered on the land of complainant party, asked them as to why they had failed to pay the extortion money and ultimately caused hatchet and dagger blows to one of the complainant party, which resulted in his death---Occurrence neither reflected any act of terrorism nor was it a sectarian matter, instead the murder in question was committed owing to previous enmity between the parties---Where a murder was committed solely on the pretext of personal enmity, such a murder had no nexus with the provisions of S. 6 of Anti-Terrorism Act, 1997 and was not triable under the same---Allegations of aerial firing did not appear to be a case of terrorism as again the motive of the case was personal vendetta---Intention of the accused did not depict or manifest any act of terrorism as contemplated by the provisions of Anti-Terrorism Act, 1997---Case was triable under the court of ordinary jurisdiction as the prosecution had…

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