Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Qatl-e-amd and act of terrorism---Appreciation of evidence---Both the witnesses though were closely related to each other as well as to the deceased persons, but relationship by itself was not sufficient to brush aside their evidence when they had fully supported the prosecution version and the defence had failed to create any dent in their veracity---Said witnesses were residents of the same village and their presence at the time and place of occurrence, could not be doubted by any degree of seriousness---Accused and the prosecution witnesses being related and known to each other and it being a case of sole accused, neither any question of mistaken identification nor substitution, would arise---Evidence of prosecution witnesses did not suffer from any material contradiction or discrepancy and was consistent with the probabilities, materially fitting in with other evidence; more particularly the medical evidence and supported by the recovery of crime weapon from possession of accused and positive report of Firearm Expert---Complainant was declared hostile by the prosecution to the extent of not identifying of accused before the court, but it was of no significance, as parties had entered into compromise, which was also admitted before the Trial Court---Positive report of Firearm Expert had corroborated the ocular evidence furnished by prosecution witnesses---Prosecution, in circumstances had succeeded to prove its case against accused beyond the shadow of doubt. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Preamble & S.6(2)(g)---Penal Code (XLV of 1860), S.302(b)---Qatl-e-Amd---"Terrorism"---Allegation of "Siyahkari"---Jurisdiction of Anti-Terrorism Court---Any offence, where the offender would take the law in his own hands and awards punishment, that offence would fall within the purview of Anti-Terrorism Act, 1997---Venue of the commission of a crime, the time of occurrence, the motive and the fact that whether or not said crime had been witnessed by public at large, were not the only determining factors for deciding the issue, whether a case did or did not fall…

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