Law: Anti Terrorism Act, 1997

Section: 7

Law: Penal Code (XLV of 1860)

Section: 302(b)/324/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Anti-Terrorism Act (XXVII of 1997)--- ----S. 7---Penal Code (XLV of 1860), Ss.302(b)/324/34---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Identification of accused---Recovery of weapons---Non-availability of report of Fire-arms Expert---Complainant was not residing in the house where alleged occurrence had taken place---Place of residence of complainant was at a distance of 15 Acres from place of occurrence---On the first instance, when complainant was examined, he made no mention in his statement regarding accused---Accused was convicted and sentenced to death under S.302(b), P.P.C. by Trial Court but High Court set aside the conviction and acquitted the accused---Plea raised by complainant was that weapons were recovered from the accused---Validity---Incident had taken place in darkness of night and no light was available at the spot and it was amazing that accused were residing in the same village but neither they could be identified nor their names could be mentioned in the earlier statement of complainant---Such fact could lead to the conclusion that assailants were not identified by complainant---When there was no report from Fire-arm Expert, factum of recovery had no substantial bearing on merits of the case, because empties and crime weapon could not be sent to Fire-arm Expert---Judgment of High Court was neither perverse nor arbitrary but on the other hand cogent reasoning was given to set aside the determination of Trial Court---No illegality or infirmity could be pointed out warranting interference in the of High Court---Leave to appeal was refused. State v. Khan Beg 1970 SCMR 353; Haq Nawaz v. Muhammad Khan 1977 SCMR 356; Farid v. Aslam PLD 1977 SC 4 and Fazal Ilahi v. Zamurad Khan PLD 1977 SC 535 ref. THIS JUDGMENT DELIVERED BY: JAVED IQBAL, JUSTICE:---.--- This petition for leave to appeal is directed against judgment, dated 3-11-2004 whereby the criminal appeal preferred on behalf of Muhammad Arif and others (respondents) has been accepted and the judgment of learned Special Judge (STA), Court, Mianwali, dated 22-11-2000 was set, aside whereby Muhammad Arif was convicted under section 302(b), P.P.C. and sentenced to…

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