(b) Penal Code (XLV of 1860)---
----S.
302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Qatl-i-amd, act of
terrorism---Reappraisal of evidence---Murder in a court premises---Question as
to whether conviction and sentence under S. 7(a) of Anti-Terrorism Act, 1997
was justified---Deceased was alleged to have killed the accused's
brother---During the trial of deceased, at one of the court hearings he was
shot and killed by the accused while being escorted from court---Held, that
conduct of the accused was certainly far from being benign; he choose a venue
most guarded by law to settle his score, nonetheless, he was undoubtedly
actuated to quench a personal vendetta---Every act of violence triggered fear
and panic with collateral impact on the surroundings; but this by itself would
not bring even the most violent act to fall within the mischief of
"terrorism" as contemplated by the Anti-Terrorism Act,
1997---Accused's conviction and sentence under S. 7(a) of the Anti-Terrorism
Act, 1997, was set aside, however his conviction under S. 302(b), P.P.C and
award of death sentence consequent thereupon was upheld---Appeal was dismissed
accordingly.
(2019
S C M R 1362)
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