Law:

Section:

Penal Code (XLV of 1860)---Ss. 302(b), 394 & 411---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Appraisal of evidence---Accused were named in the F.I.R. with the specific role assigned to each of them---Eye-witnesses having also been named in the F.I.R., the possibility of getting the case registered after deliberations had to be ruled out---Ocular testimony did not suffer from any discrepancy, which had given consistent and coherent details of the occurrence and was corroborated by medical evidence---Deceased in his dying declaration had charged the accused giving their names for firing on him as well as their companion, who too had sustained injuries in the course of occurrence---Name of the complainant was also mentioned in the dying declaration and the same could not be disbelieved---Injured culprit had, soon after the occurrence, disclosed the names of his companions in consequence whereof they were arrested by the police and crime weapons were recovered from them, which had matched with the empties secured from the place of occurrence as per report of the Forensic Science Laboratory---No previous enmity existed between the parties---Prosecution had failed to establish that the acts done by the accused had created sense of fear or insecurity in public, nor any section of public or community or any sect was shown to have been affected, as the incident had taken place at night on a canal bank, which by no stretch of imagination could be termed as a public place, therefore, S.7 of the Anti-Terrorism Act, 1997, was not attracted in the case and the accused were acquitted of that charge---Charges against the accused for the offences of murder and robbery having been established beyond shadow of doubt, their convictions for the same were maintained---Firing in the case was attributed to all the accused and the injuries caused by them had collectively culminated in death of the deceased, therefore, death awarded to each of them under S.302(b), P.P.C. was commuted to imprisonment for life in the interest of justice---Rest of the sentences of accused were upheld---All the sentences were directed to run concurrently inter se. Mohabbat Ali and another v. The…

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