Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 392 & 394---Qatl-e-amd and robbery---Appreciation of evidence---Injured witnesses--- Phenomenon of substitution---Applicability---Injured prosecution witnesses remained consistent in their testimonies in terms of material particulars and corroborated statement of complainant, so also corroborated statements of police officials who reached at scene and arrested accused red-handed at the spot with crime weapon and snatched money---Empties recovered from spot and crime weapon matched vide Forensic Science Laboratory report---Question of deliberation and substitution of offender did not arise---Federal Shariat Court declined to interfere in conviction and sentence awarded by Trial Court---Appeal was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 321---"Qatl-e-amd" and "Qatl-bis-Sabab"---Distinction---Accused was convicted by Trial Court for committing Qatl-e-amd---Plea raised by accused was that it was not Qatl-e-amd but it was Qatl-bis-Sabab---Validity---Accused made effective firing with fire arm at persons chasing him as a result three were got injured grievously one of them died in hospital later on---Such act of accused was without any reasonable doubt and reflected clear intention of accused to cause death or bodily injury of persons in order to stop them from apprehending or chasing him---Offence completely came under the purview of Qatl-e-amd and not under Qatl-bis-Sabab---Trial Court rightly convicted accused and sentenced him under S.302(b), P.P.C.---Sentence was maintained in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 392---Robbery---Vicarious liability, principle of---Scope---In commission of offence of robbery, every member shares vicarious liability for each and every act done during the offence. JUDGMENT RIZWAN ALI DODANI, J.---This criminal appeal is directed against the judgment dated 1-3-2011 delivered by the learned Additional Sessions Judge-IV/Judge Juvenile Court, Swabi, whereby the appellant was convicted and sentenced as under:-- (i) Under section 392, P.P.C. Three years rigorous imprisonment with payment of Rs.2,000 as fine, or in default thereof to…

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