MUHAMMAD EJAZ alias AJJU vs State Ss — 2022 PCrLJ 1102 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD EJAZ alias AJJU VS State Ss. 302(b), 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Sentence, reduction in---act of terrorism---Scope---accused was charged that he along with co-accused committed murder of nephew of the complainant by firing---Motive behind the occurrence was that before the present occurrence, father of the accused was murdered and they got registered case against the deceased and others, due to that grudge, present occurrence took place---Record showed that accused was tried by Special Judge/anti-Terrorism Court, as occurrence took place within the premises of the court in the chamber of an advocate---accused was convicted and sentenced in offence under S. 7(a), anti-Terrorism act, 1997, but same could not be sustained because occurrence took place on previous private vendata i.e. enmity of the murders---Mere firing at one's personal enmity in the backdrop of a private vendata or design did not ipso facto bring the case within the purview of S. 6 of anti-Terrorism act, 1997, so as to brand the action as terrorism, unless there was a design or object contemplated by S. 6 of anti-Terrorism act, 1997, which was missing in the present case---Case was rightly been tried by anti-Terrorism Court but the said Court could not have convicted and sentenced the accused for an offence under S. 7(a) of the anti-Terrorism act, 1997, as it had separately convicted and sentenced the accused for the offence of murder, etc. committed as ordinary crimes---Conviction and sentence of the accused in offence under S. 7(a) of anti-Terrorism act, 1997, was set aside---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, accused along with his co-accused was attributed firearm injuries on the person of deceased---Not discernible as to which of the accused was responsible for the fatal injuries to the deceased---Generally sentence of death was withheld by way of abundant caution, in circumstances---Sentence was altered from death to imprisonment for life---appeal was dismissed with said modification in sentence.

MUHAMMAD EJAZ alias AJJU vs State Ss — 2022 PCrLJ 1102 LAHORE-HIGH-COURT-LAHORE

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