Law:

Section: 302(b),109,34

(a) Penal Code (XLV of 1860)--- ---Ss. 302(b), 109 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, abetment, common intention, act of terrorism---Appreciation of evidence---Delay of two days in lodging FIR explained Accused were charged for committing murder of deceased advocate by Firing---First Information Report was lodged after a delay of two days---Reason for the delay in lodging the FIR was that the complainant immediately after the deceased was shot took him to hospital where he learnt that the deceased had died and then took the dead body to another hospital for legal formalities including post mortem and thereafter since the deceased's relatives were not from "K" he helped take the body of the deceased to his ancestral village for burial and thereafter he returned to "K" and immediately lodged the FIR---As such any delay in lodging the FIR had been fully explained---Importantly the FIR was against unknown persons and as such there was no attempt to falsely implicate the accused or any other person or else the accused would have been specifically named in the FIR---Furthermore, the complainant had no enmity with the accused and had no reason to falsely implicate them and as such it was found that the delay in lodging the FIR was not fatal to the prosecution case as the delay had been explained---Accused were not nominated in the FIR and as such the delay in filing the FIR had not benefited the prosecution or prejudiced the accused---Circumstances established that the prosecution had proved its case against the accused except under Anti-Terrorism Act, 1997---Appeal was partly allowed in respect of the Anti-Terrorism Act offences and dismissed in respect of the P.P.C. offences. Babar Masih v. The State 2020 YLR 1557; Provincial Government of Khyber Pakhtunkhwa through Provincial Secretary Home and 7 others v. Aftab Mohammad Usman Khan and another 2020 YLR 1563; Muhammad Pervez and others v. The State and others 2007 SCMR 670; Imran Ashraf and 7 others v. The State 2001 SCMR 424; Gulfam and another v. The State 2017 SCMR 1189; Hayatullah v. The State 2018 SCMR 2092; Muhammad Akram v. The State 2009 SCMR 230; Patoo and another v. The State…

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