Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Law: Pakistan Penal Code, 1860

Section: 34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)---.--- ---.----Ss. 302, 324, 148 & 149---.---Anti-Terrorism Act (XXVII of 1997), S.7---.---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, common object, act of terrorism---.---Appreciation of evidence---.---Benefit of doubt---.---Common intention---.---Scope---.---No injury was attributed to accused persons on the person of the deceased and injured prosecution witnesses---.---FIR that two accused persons, were empty handed at the place of occurrence at the time of occurrence---.---Nothing was recovered from the possession of accused persons---.---No motive of occurrence had been introduced by the prosecution---.---Occurrence took place at the spur of the moment---.---No overt act was attributed to accused persons---.---No one from accused persons, was driving the car in question---.---Prosecution failed to bring home guilt of accused persons to the hilt---.---Accused persons were ordered to be acquitted, extending them benefit of doubt, in circumstances. (b) Penal Code (XLV of 1860)---.--- ---.----S. 34---.---Common intention---.---Principle of vicarious liability---.---Scope---.---To attract the provisions of S.34, P.P.C., there must be some proof of overt act on the part of each accused, taken in furtherance of the common intention---.---Mere presence of accused (with the co-accused, who committed the offence) without any overt act at the place of occurrence could not be sufficient to connect him with vicarious liability---.---Principle of vicarious liability, could not be invoked, unless and until common intention and object was proved---.---Strong circumstances must exist manifesting a common intention---.---Word "intention", was a state of mind which was not ordinarily ascertainable; but was to be gathered or inferred only from external act; and for that purpose, it was very necessary to examine the act of accused---.---Material must be available to show some overt act done in furtherance of common intention. Hassan v. The State 1969 SCMR 454 rel. THIS JUDGMENT DELIVERED BY: SADAQAT ALI KHAN, JUSTICE:---.--- The instant Criminal Appeal No. 810 of 2013 has been filed by Hakmin Zafar and Imran Arshad present appellants…

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