Law: Penal Code (XLV of 1860)

Section: 302(b),324,353,186,34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 353, 186 & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Sindh Arms Act (V of 2013), S.23(1)(a)--- Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---Appreciation of evidence---Act of terrorism, applicability of---Accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd; in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later on passerby child died---Based on the particular facts and circumstances of the case, it appeared that the intent of the accused was to avoid his arrest by the police and as such he opened fire on the police with the sole purpose of evading his arrest at the hands of the police, keeping in view that nine FIRs were outstanding against him and he was wanted for many serious offences---Firing by accused had no object, intent, purpose or design to create terror and as such the accused was acquitted of offence under the Anti-Terrorism Act, 1997. Ghulam Hussain v. State PLD 2020 SC 61 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 353, 186 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S.23(1)(a)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---Appreciation of evidence---First Information Report lodged with promptitude within three hours of the occurrence---Accused were charged that they on seeing the Police Officials started straight firing on them with intention to commit qatl-i-amd, in retaliation Police Officials also made some fire shots at accused persons, due to which one passerby child, two Police Officials and one accused sustained injuries, and later…

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