MUHAMMAD FARHAN alias IRFAN vs State Ss — 2021 SCMR 488 SUPREME-COURT

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MUHAMMAD FARHAN alias IRFAN VS State Ss. 302(b), 324, 392, 411 & 34---anti-Terrorism act (XXVII of 1997), S. 7(a)---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Reappraisal of evidence---Two persons, a father and a son, were done to death during the occurrence which took place during broad daylight---One of the deceased was the complainant's brother while the other his nephew, therefore, there was no space to admit any hypothesis of substitution by the witnesses---Death of two of the co-accused, nominated in the crime report alongside the accused on the first day one, while resisting a police encounter, went a long way to implicate the accused as being part of the gang which committed the offence---Prosecution's failure to bring on record medico legal certificates of the injured witness did not adversely impact upon the totality of circumstances, as the injured witness was examined by the Investigating Officer while he was admitted in a hospital---Nomination of the accused in the crime report without any loss of time, soon after the incident, lent credence to the claim of complainant side that masks worn by the assailants dropped during the occurrence---Convictions and sentences recorded against the accused under Ss. 302(b), 324, 392, 411 & 34, P.P.C. including amounts of compensation and fine were maintained, however his conviction to the extent of S. 7(a) of the anti-Terrorism act, 1997, was set-aside as being not sustainable in view of the law declared by the Supreme Court in the case of Ghulam Hussain and others v. The State (PLD 2020 SC 61)--- appeal was partly allowed.

MUHAMMAD FARHAN alias IRFAN vs State Ss — 2021 SCMR 488 SUPREME-COURT

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