RASHED alias CHAND vs State Ss — 2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE

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RASHED alias CHAND VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Mitigating circumstances---Quantum of punishment---accused persons were charged for committing murder of the brother of the complainant by firing---Record showed that the first and second accused pre-planned the occurrence with other accused persons and also participated in the commissions of offence during the whole transaction---Thus, both said accused were rightly convicted and sentenced for all the offences and their sentences, except the death sentences were maintained---admittedly, both said accused were present with the other accused persons at the time of occurrence but did not fire at the deceased---Such fact could be considered as a mitigating circumstance to award a lesser punishment to them---Hence, their death sentences under S. 302, P.P.C. and under S. 7(1)(a) read with S. 21(1), anti-Terrorism act, 1997, were converted into life imprisonment---Whereas the co-accused was the person who had fired at the deceased and had hatchet a plan with the other accused persons to commit the murder of deceased Judicial Officer and thereafter carried out the whole murderous plan---Said fact was also admitted by the said co-accused in his confessional statement and he was rightly identified by the witnesses during the identification parade with the role played by him during the occurrence i.e. firing a bullet shot at the left flank of deceased---Hence, the case of said co-accused was not at par with other accused persons and he deserved no leniency and was rightly convicted and sentenced for all the offences---For said co-accused death sentence on two counts, one under S. 302(b), P.P.C. and one under S. 7(1)(a) read with S. 21(1) anti-Terrorism act, 1997 were maintained---appeal was dismissed with said modification in sentences.

RASHED alias CHAND vs State Ss — 2022 PCrLJ 664 LAHORE-HIGH-COURT-LAHORE

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