Peshawar: Court sets aside death sentence of 3 convicts
PESHAWAR: The Peshawar High Court on Wednesday set aside the sentence of death awarded by an anti-terrorism court to three persons charged with killing two employees and arson attack on the centre of the Aga Khan Health Services in Chitral. A two-member bench comprising Justice Said Maroof Khan and Justice Mussadiq Hussain Gillani accepted the appeals filed by the three convicts – Siddiqullah, Juma Khan and Abdur Rafique – and ordered their acquittal.
The appellants were arrested by the police few days after the occurrence which took place on Dec 26, 2006. Some unidentified persons, whose faces were covered, had attacked the centre of Aga Khan Health Services and killed its driver, Sher Khan , and watchman, Hakeem Khan, and had set on fire five vehicles parked in the compound.
The case was registered under different sections of Pakistan Penal Code read with section 7 of the Anti-Terrorism Act. The anti-terrorism court of Malakand in Swat District had convicted the appellants on Dec 14, 2007. Barrister Zahoorul Haq appeared for one of the appellants, Siddiqullah, and argued that there was no evidence against him. He added that the appellant was arrested on the basis of a confessional statement recorded by the other two accused– persons. He contended that the appellant was falsely implicated in the case and there was no eye witness of the occurrence.
Advocate Abdul Samad Khan appeared for rest of the two appellants and argued that the prosecution failed to produce any concrete evidence against them. He argued that the weapon used in the offence was not recovered from their possession. He added that the Kalashnikov rifle used in the occurrence was recovered by the police from a drain.