Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 34, 324, 452, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, rioting, common object---Appreciation of evidence---Fatal injuries caused to accused were attributed to absconded accused persons, whereas accused was simply alleged to have been present on the spot with gun and had made ariel firing---Mere presence of accused would not be sufficient to attract the provisions of S.34, P.P.C., but there must be proof of some overt act on the part of each accused alone in furtherance of the common intention---No overt act had been assigned to accused, nor there was any sort of evidence to have implicated him in sharing common intention with absconded accused persons---Accused, in circumstances, was entitled to the benefit of doubt---Conviction and sentence awarded to accused being not sustainable, were set aside and he was acquitted and set at liberty, in circumstances---Co-accused as per FIR, had allegedly caused lathi injuries to complainant and his mother---Complainant had fully implicated co-accused, and his such evidence had not been shattered---Medical evidence was also coincided with version of the complainant, who also sustained grievous/simple injuries---Nowhere in the evidence, either complainant or any of the witnesses had deposed that said co-accused had facilitated absconded accused persons, while causing the death of the deceased---Said co-accused, in circumstances, was responsible for the act attributed to him---Prosecution having failed to make out the case of sharing common intention by co-accused with absconded accused person for causing death of the deceased, conviction and sentence awarded to said co-accused under Ss.302 and 34, P.P.C., was set aside---Rest of the conviction awarded to co-accused by the Trial Court under Ss.324 and 452, P.P.C. having been proved, he was rightly convicted and sentenced for the offence falling under said provisions in circumstances. Hasan v. State 1969 SCMR 455; Hasan Din v. Muhammad Mushtaq 1978 SCMR 49 and Taj Muhammad v. The State PLD 1963 (W.P.) Kar. 118 ref. JUDGMENT ABDUL RASOOL MEMON,…

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