SADDAM KAKAR vs State — 2026 SCMR 1201 SUPREME-COURT

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SADDAM KAKAR VS State. Ss. 302(b), 144, 109 & 34---anti-Terrorism act (XXVII of 1997), S.7---arms Ordinance (XX of 1965), S. 13-D---Qatl-i-amd, joining unlawful assembly armed with deadly weapons, abetment, common intention, act of terrorism, possession of illicit weapon---Reappraisal of evidence---Offence of terrorism not established---accused were charged for committing murder of the deceased by firing---Notable that it was a case of personal vendetta because according to the prosecution's case, the brother of co-accused, since P.O., was earlier murdered on the day of occurrence and due to the said grudge, the occurrence of the present case was committed by SK (appellant) and his co-accused---Evident that it was a case of personal vendetta, therefore, the provisions of Section 7 of anti-Terrorism act, 1997, were not attracted in the case---Occurrence in this case took place inside Jinnah Hospital, which was a public place but mere that fact that the occurrence took place at a public place would not bring the case of SK (appellant), within the ambit of Section 7 of anti-Terrorism act, 1997 and ingredients of said offence were not attracted in this case---Convictions and sentences of SK (appellant), for the offences under Sections 7(1)(a) and 7(2) of the anti-Terrorism act, 1997, were set-aside and said accused was acquitted from the said charge, however circumstances established that the prosecution case against SK (appellant), had been proved beyond the shadow of any doubt for offences under Sections 302/34 P.P.C. and 13-D of the arms Ordinance, 1965---With said modification in sentence, appeal against conviction was dismissed.

SADDAM KAKAR vs State — 2026 SCMR 1201 SUPREME-COURT

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