Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 337-F(i)(ii)---Qatl-i-amd, causing damiyah, and badi'ah---Appreciation of evidence---Prosecution witnesses had alleged firing by accused persons, but no empties were recovered from the spot---Ocular account of prosecution witnesses had not been established---Prosecution witnesses had failed to establish the common object and vicarious liability on the part of accused persons to commit offence---Motive had not been established---Witnesses of the prosecution, failed to establish that accused persons being members of unlawful assembly, shared the common object of assembly and some accused in furtherance of common object of unlawful assembly, committed offence---No premeditation or preparation or planning was established---Mere fact that both accused persons were holding knives, could not be sufficient to attribute common object, when the appearance of the complainant party at the scene of occurrence, was by chance---In absence of common object, every accused would be responsible individually for his own act---Accused persons were liable to be convicted under S.337-F(ii), P.P.C.---Conviction of accused persons, under S.302(b), P.P.C., was unwarranted, and contrary to the evidence on record---Impugned to that extent, was not sustainable, in circumstances---Contention of the complainant that prosecution beyond any reasonable doubt had proved the case against accused persons, and in absence of any mitigating circumstances, their sentence, was liable to be enhanced was repelled, as no such evidence had come on record to hold responsibility upon accused persons under S.302(b), P.P.C.---Appeal was partly allowed---Convictions and sentences of accused persons under Ss.302(b), P.P.C. and S.337-F(i), P.P.C., were set aside, and they were acquitted of the charges respectively---Conviction and sentence of accused persons under S.337-F(ii), P.P.C., were maintained with benefit of S.382-B, Cr.P.C. Muhammad Altaf and 5 others v. The State 2002 SCMR 189 ref. (b) Penal Code (XLV of 1860)--- ----S. 149---Common object---Doctrine of vicarious liability---For construction of unlawful assembly, it must be established that unlawful…

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