Law: Penal Code (XLV of 1860)

Section: 324,353,427,34

Law: Anti-Terrorism Act, 1997

Section: XXVII,7

Penal Code (XLV of 1860)-------Ss. 324, 353, 427 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7--Attempt to commit murder, using criminal force or assault on public servant while he was performing his duty, causing damage or loss of fifty rupees or more through mischief, common intention, act of terrorism---Appreciation of evidence---Probability of false implication by police---Accused was charged that he along with his co-accused in furtherance of their common intention deterred the police party from discharging its lawful duty as public servant by firing at them intending to commit their murder; accused too were fired at in self defence---Record showed that there was no independent witness to the incident---Armed encounter was straight, the same as per the complainant continued for about 3 to 4 minutes, yet none sustained fireshot injury except the appellant on his right leg, which appeared to be surprising---As per the complainant, he prepared the memo of arrest and recovery while sitting on the front seat of the police mobile---Mashir came with a different version; as per said witness, memo of arrest and recogvery was prepared by the complainant by using the bonnet of a police mobile---Such inconsistency between their evidence could not be overlooked---Pistol secured from the appellant as per the memo of arrest and recovery was without a number---On forensic examination, its number was found rubbed---Moreover, there was a distinction between the pistol without a number and the pistol with its number rubbed---Such inconsistency suggested its manipulation and/or foistation---No independent person was examined by the Investigating Officer to ascertain the correctness of the incident---Such omission on the part of Investigating Officer could not be overlooked---Apparently, it was a table investigation which could hardly be relied upon---No act of terrorism was evident---In such circumstances, contention of accused that he had been involved in the case falsely by the police only to save themselves from legal consequences for causing fire shot injury to him could not be lost sight of---Appeal against conviction was allowed, in circumstances.Date of hearing:…