Case Details

Citation(s)
2025 SLG 3100 2025 SLD 3100 = 2025 YLR 1121
Peshawar High Court
Criminal Appeals Nos. 1073-P and 1086-P of 2023, decided on 8th October, 2024.
Before Ishtiaq Ibrahim C.J and Wiqar Ahmad, J
Muhammad Saeed Khan and Barrister Amir Khan Chamkani for Appellants. Noman-ul-Haq Kaka Khel, A.A.G for the State. Malik Nasruminallah for
Respondent No. 1.

RUSTAM and another---Appellants

VERSUS

The STATE---Respondent

Law: Penal Code (XLV of 1860)

Section: 302(b),324,34,202

Law: Anti-Terrorism Act, 1997

Section: XXVII,7

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 164

Law: Qanun-e-Shahadat Order, 1984

Section: 129(g)

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon, act of terrorism--Appreciation of evidence---Terrorism, offence of---Applicability---Accused were charged for committing murder of the maternal cousin of complainant by firing---Prosecution's evidence was completely silent with regard to motive behind the occurrence---No evidence had been brought on record by the prosecution to bring the instant case within the meaning of S.6 of the AntiTerrorism Act, 1997---Allegation against the appellants was that they being Police Officials during their duty timing fired at the complainant party without any motive and as a result of their firing, the deceased got hit and succumbed to injuries---No doubt a young boy/student of 20 years had been done to death for which the appellants were charged, but mere gravity or brutal nature of an offence would not provide a valid yardstick for bringing the same within the meaning of terrorism---Occurrence in the present case did not qualify the essential ingredients of S.6 punishable under S.7 of the Act of 1997---After scanning the entire evidence and material available on record, Court had come to the conclusion that S.7 of the Act of 1997 was not applicable to the present case---However, circumstances established that the prosecution had proved murder of the deceased by appellant "R" through cogent and confidence inspiring direct evidence corroborated by strong circumstantial evidence and supported by medical evidence---Appeal against conviction filed by appellant "R" was dismissed accordingly.Jumaraz v. The State 2021 YLR 955 and Ghulam Hussain and others v. The State and others PLD 2020 SC 61 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---Appreciation of…
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