STATE vs ATIF KHAN Ss — 2026 YLR 540 PESHAWAR-HIGH-COURT

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STATE VS ATIF KHAN Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S.367---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---appreciation of evidence---appeal against acquittal---Compromise---accused-respondent was charged for committing murder of the deceased---after trial, accused-respondent was awarded sentence of death---appeal preferred by the accused before the High Court was dismissed---Criminal petition filed by the accused-respondent before the Supreme Court was dismissed---accused-respondent filed miscellaneous criminal application for suspension of execution of his death sentence before the Trial Court on the basis of compromise, but was dismissed---Revision was filed against order for dismissal of petition before this Court, wherein matter was remanded to decide the same afresh---Record showed that Trial Court had rightly acquitted the accused-respondent on the basis of compromise in both the offences as he had been convicted and sentenced under S.302(b) P.P.C read with S.7 of the anti-Terrorism act, 1997---Whereas under the provisions of S.367(2) and (3) of the Cr.P.C it was mandatory for the Trial Court that after finding the accused guilty of one or more offences, upon recording conviction, separate sentence must be clearly awarded to the accused, so convicted, otherwise it would be illegal being in violation of the mandatory provisions of S.367 Cr.P.C, therefore, at this stage it could not be agitated that the necessary modification shall be made in the conviction and sentences of the accused-respondent and he be further convicted and sentenced under S.7 of the anti-Terrorism act, 1997 as well because, the matter was now past and closed transaction and could not be re-opened---Thus, Trial Court while acquitting the accused-respondent on the basis of compromise had committed no illegality or irregularity, calling for interference of this Court---Resultantly, this appeal, being without any substance, was dismissed.

STATE vs ATIF KHAN Ss — 2026 YLR 540 PESHAWAR-HIGH-COURT

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