Law: Penal Code (XLV of 1860)

Section: 302(b),392,397,34

Law: Anti-Terrorism Act, 1997

Section: XXVII,7

Law: Sindh Arms Act, 2013

Section: 22

Law: Qanun-e-Shahadat (10 of 1984)

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 392, 397 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23(1)(a)---Qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---Appreciation of evidence---Delay of two days in lodging the FIR explained---Accused were charged for committing murder of two friends of the complainant by firing during robbery--- First Information Report was lodged after a delay of two days---Reason for the delay in lodging the FIR was that the injured had to be shifted to hospital whereupon they died, then post mortem had to be carried out before the bodies were released for burial in "G" which was at a considerable distance from "K" and after the funeral the FIR was lodged---As such the delay in lodging the FIR had been 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 the delay in lodging the FIR was not fatal to the prosecution case as the delay had been explained---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt except the offences under Anti-Terrorism Act, 1997 thus the sentences under Anti-Terrorism Act were set-aside---Appeal against conviction was dismissed with modification in sentence.Ihsan Ullah and others v. The State and others 2021 P.Cr.LJ 1470; Muhammad Imran and others v. The State 2021 YLR 95; Mian Sohail Ahmed and others v. The State and others 2019 SCMR-956; Gulfam and another v. The State 2017 SCMR 1189; Muhammad Rashid and another v. The State 2022 YLR 119; Ahmad Omar Sheikh and 3 others v. Government of Sindh and 6 others 2022 YLR 217; Abdul Majeed v. The State 2008 SCMR 1228; Muhammad Idress and others v. The State 2008, SCMR 1544; Muhammad Nadeem alias Deemi v. The State 2011 'SCMR 872; Muhammad Ashraf and others v. The State 2010 SCMR 407; Muhammad Ilyas and others v. The State 2011 SCMR 460; Muhammad Yaqoob v. The…