Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 398/149, 353/149 & 324/149/148---Anti-Terrorism Act (XXVII of 1997) Ss.7(b) & 7(h)---Appreciation of evidence---Occurrence had taken place during midnight---Accused were not previously known to prosecution witnesses---Police party could not possibly see the faces of the accused running away in the Jungle from the police vehicle--­Complainant did not name or identify the accused during trial---Accused were not stated to have fired at the police---Weapons recovered, at the instance of accused were not sent to Forensic Science Laboratory--­Accused were acquitted in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 398/149, 353/149, 324/149, 148 & 393---Anti-Terrorism Act (XXVII of 1997), Ss.7(b) & 7(h)---Appreciation of evidence---Accused was apprehended on the night of occurrence in an injured condition and he in his statement did not challenge the time of incident---Although the accused had allegedly fired twice at the police party with a Repeater Gun, yet the fires did not hit either the police party or the police vehicle---Not a single crime empty was recovered from the scene of occurrence to substantiate the prosecution theory that the police had been firing at the accused in self-defence---Both the parties, thus, had suppressed the truth and the Court was to draw its own inference after sifting the evidence---No police encounter appeared to have taken place and the story about it was developed later on--Accused was acquitted accordingly of all the charges on which he was convicted, but he was now convicted under S.393, P.P.C.---Accused was in Jail for the last more than eleven months and had sustained two injuries on his shoulder and leg resulting into fracture of both the bones---Sentence of accused was reduced to the imprisonment already undergone by him in circumstances. Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502 and Shahid Raza and another v. The State and another 1992 SCMR 1647 ref. JUDGMENT Shamshad Ahmad son of Muhammad Amin, Muhammad Ramzan son of Ahmad Bakhsh, Imam Bakhsh son of Yar Muhammad and Mehboob Farid alias Mama Thakar alias Kala son of Allah Bakhsh were tried by…

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