Law:

Section:

Anti-Terrorism Act (XXVII of 1997)-------S. 7(a)--Appreciation of evidence---Benefit of doubt---Accused was neither named in the F.I.R., nor his features were furnished therein--­None of the prosecution witnesses had claimed before the trial Court to have identified the accused in the identification parade without being shown to him in the police station---Identification of accused, thus, was highly doubtful---No fire-arm having been recovered from the accused, recovery of crime-empties from the spot was of no avail to prosecution--­Benefit of doubt was granted to accused in circumstances and he was acquitted accordingly. 1985 SCMR 721 and PLD 1995 SC 1 ref. JUDGMENT KHAWAJA MUHAMMAD SHARIF, J.---This judgment will dispose of Crl. Appeal No.2147 of 2002 and Murder Reference 94/T of 2002 (submitted for confirmation or otherwise) directed against the judgment dated 9-12-2002, passed by the learned Judge ATC-III, Lahore, whereby he convicted the appellant under section 7(a). ATA, 1997 and sentenced him to undergo death sentence on two counts with fine of Rs.50,000 (each count), compensation under section 544-A, Cr.P.C. Rs.5,00,000 (each count) or to default six months' S.I. was also awarded to the appellant. 2. Brief facts of the case as narrated in the F. I. R. by the complainant are that on 20-10-1998 at about 12-30 (noon the appellant alongwith Zaigham Abbas (murdered in police encounter) came on Utility Store, Barkat Market while armed with deadly weapons with the intention to commit dacoity. On the arrival of the police both the accused ran towards the road and boarded wagon. The police official followed the wagon on which both the accused fired shots hitting Ghulam Murtaza and Munir Ahmad who died in the hospital. 3. After the occurrence, the necessary proceedings were completed by the police and the investigation of the case was handed over to Zulfiqar Ali Inspector who alongwith his subordinate proceeded to the spot from where he collected the blood-stained earth vide memo. Exh.P.W.1/5 and P.W.1/6 Last-worn clothes were also taken into possession by him vide memo. Exh.P.W.1/10 and P.W.1/11. He also prepared inquest reports. vide memo Exh.P.W.1/12 and…

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