Law: Penal Code (XLV of 1860)

Section: 302(b),324,186,353,393,34

Law: Criminal Procedure Code (V of 1898)

Section: 367(2),537

Law: Anti-Terrorism Act, 1997

Section: XXVII,7

Penal Code (XLV of 1860)-------Ss. 302(b), 324, 186, 353, 393 & 34---Criminal Procedure Code (V of 1898), Ss. 367 & 537---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, obstructing a public servant in the performance of their duties, assaulting or using criminal force against a public servant while they are performing their duties, attempt to commit robbery, common intention, act of terrorism---Appreciation of evidence---Contents of judgment---Rewriting of judgment---Trial Court awarded punishment of simple imprisonment for 14 years to the appellants, which was quite inappropriate---It was not mentioned in impugned judgment that each of the appellant had been convicted under S.302, P.P.C---In last paragraph of the judgment, appellants had been convicted for causing death of deceased Police Constable under S.7(a) of Anti-Terrorism Act, 1997, and again it was simple imprisonment for 10 years; this too was against the command of law---Impugned judgment passed by Trial Court in perfunctory and slipshod manner and it was violative of mandatory provisions of S.367(2), Cr.P.C, which could not be cured under the provision of S.537 Cr.P.C--Consequently, appeal was allowed and cases were remanded to the Trial Court for re-writing of the judgment.Date of hearing: 19th September, 2024.JUDGMENTNAIMATULLAH PHULPOTO, J.---Appellants Muzamil alias Mitho, Faisal alias Salman alias Lecture, Sheeraz Ali alias CG, Shahmeer alias Shamir Ali alias Nakri were tried by learned Judge, ATC-XVI, Karachi in Old Special Case No. 42/2022, New Special Case No. 27/2022 (FIR No.688/2021 for offences punishable under sections 302, 186, 324, 353, 393, 34 P.P.C read with Section 7 of ATA 1997 registered at P.S Landhi), Old Special Case No. 175/2022, New Special Case No.115/2022 (FIR No. 689/2021 for offence punishable under Section 23(1)(a) ofSindh Arms Act 2013 registered at P.S Landhi), Old Special Case No. 206/2022, New Special Case No. 187/2022 (FIR No. 17/2022 for offences punishable under Sections 353, 324, 427, 34 P.P.C registered at P.S CTD), Old Special Case No. 206A/2022, New Special Case No. 188/2022 (FIR No. 18/2022 for offence punishable…