ABRAR AHMAD FAROOQ vs State S — 2024 PLD 815 SUPREME-COURT

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ABRAR AHMAD FAROOQ VS State S. 7(a) & Third Sched. Entry No. 4(iii)---Murderous assault in court premises---Reappraisal of evidence---Murder committed due to personal vendetta/previous enmity---Not a case of terrorism---In the present case the motive of the occurrence for the appellants (accused and co-accused) was to avenge the murder of their father and the appellants had no motive or design to create fear or terror or insecurity in the Court premises, therefore, the conviction and sentence awarded to the appellants under section 7(a) of Anti-Terrorism Act, 1997 ('ATA') could not be sustained---Convictions and sentences of the appellants under section 7(a) of ATA were set aside---Appeals were dismissed. Citation Name: 2024 PLD 815 SUPREME-COURTBookmark this Case ABRAR AHMAD FAROOQ VS State Ss. 302(b) & 34 ---anti-Terrorism act (XXVII of 1997), S. 7(a)---Murderous assault in court premises---Reappraisal of evidence---Sentence, quantum of---Mitigating circumstances---In the instant case the motive of the occurrence for the appellants (accused and co-accused) was to avenge the murder of their father---In number of cases, such motive has been considered as a mitigating circumstance to reduce death penalty to imprisonment for life---Conviction recorded against accused under sections 302(b) and 34, P.P.C. was maintained, and his sentence which was altered to imprisonment for life by the High Court, was upheld---Whereas in the case of co-accused, while maintaining his conviction under sections 302(b) and 34, P.P.C., his sentence of death on two counts was reduced/converted to imprisonment for life---appeals were dismissed with such modification in sentence. Citation Name: 2024 PLD 815 SUPREME-COURTBookmark this Case ABRAR AHMAD FAROOQ VS State Police witnesses, evidence of---Reliance---Police officials are as good witnesses as any other private witness---In absence of any animus, their testimony can be relied upon if it remains un-shattered during cross-examination. Citation Name: 2024 PLD 815 SUPREME-COURTBookmark this Case ABRAR AHMAD FAROOQ VS State Ss. 302(b) & 34---Murderous assault in court premises---Re-appraisal of evidence---All the eye witnesses of the occurrence, whose presence at the place of occurrence had not been disputed/denied by the defence, had fully implicated the accused in the occurrence with the role of firing upon both the deceased with the co-accused---Both the accused and co-accused were overpowered/arrested on the spot by the police with crime weapons---Evidence on record proved that both the accused and co-accused committed murder of deceased by firing in furtherance of common intention---In the instant case record did not reveal of any animosity or ill-will on the part of the police officials to falsely implicate the accused and co-accused---All the police officials who had appeared at the trial as eye-witnesses of the occurrence had fully incriminated both the accused and co-accused with role of firing upon both the deceased in the verandah of the court premises when they, being hand-cuffed, were on their way to the court room in police custody to attend the trial proceedings---Confidence inspiring testimony of all the eye-witnesses of the occurrence was duly corroborated by the medico legal evidence, crime empties recovered from the place of occurrence, blood stains collected from the place of occurrence, crime weapons recovered from both the accused and co-accused when they were overpowered by the police soon after the occurrence and positive report of the firearm expert to the extent of firearm recovered from the co-accused---Convictions of accused and co-accused under sections 302(b) and 34, P.P.C, were maintained---Appeals were dismissed. Citation Name: 2024 PLD 815 SUPREME-COURTBookmark this Case ABRAR AHMAD FAROOQ VS State Sentence, quantum of---Mitigating circumstances---Single mitigating circumstance, available in a particular case, would be sufficient to put a Judge on guard for not awarding the penalty of death but imprisonment for life.

ABRAR AHMAD FAROOQ vs State S — 2024 PLD 815 SUPREME-COURT

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