Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

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Rustam VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Terrorism, offence of---applicability---accused were charged for committing murder of the maternal cousin of complainant by firing---Prosecution's evidence was completely silent with regard to motive behind the occurrence---No evidence had been brought on record by the prosecution to bring the instant case within the meaning of S.6 of the anti-Terrorism act, 1997---allegation against the appellants was that they being Police Officials during their duty timing fired at the complainant party without any motive and as a result of their firing, the deceased got hit and succumbed to injuries---No doubt a young boy/student of 20 years had been done to death for which the appellants were charged, but mere gravity or brutal nature of an offence would not provide a valid yardstick for bringing the same within the meaning of terrorism---Occurrence in the present case did not qualify the essential ingredients of S.6 punishable under S.7 of the act of 1997---after scanning the entire evidence and material available on record, Court had come to the conclusion that S.7 of the act of 1997 was not applicable to the present case---However, circumstances established that the prosecution had proved murder of the deceased by appellant "R" through cogent and confidence inspiring direct evidence corroborated by strong circumstantial evidence and supported by medical evidence---appeal against conviction filed by appellant "R" was dismissed accordingly.

Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

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