Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Offences Against Property (Enforcement of Hadood) Ordinance (VI of 1979), S. 17---Qatl-i-amd, common intention, haraabah---Murderous assault on police contingent guarding worshippers at a mosque---Witnesses unanimously pointed their fingers at the accused for having participated in the occurrence, being an active member of the unlawful assembly, constituted in prosecution of a common object, a pursuit that resulted in the death of two police constables in their prime youth---Despite flux of considerable time, the witnesses confidently recollected the incident and faced the cross-examination---Prosecutions failure to effect recovery after almost 25 years of the incident was not surprising nor adversely reflected upon its case otherwise firmly structured on the statements of the witnesses whose presence at the crime scene could not be suspected---Deceased certainly died of the bullets conjointly fired upon them as was evident from the seizure of as many as 90 casings from the spot and, thus, accused alongside the co-accused persons was equally culpable to share the cumulative impact of the assault---Presence of electric lights at the mosque presented ample opportunity for the identification of assailants, each named in the crime report---Totality of circumstances did not allow any hypothesis other than guilt of accused---Petition for leave to appeal was dismissed and leave was refused. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Murderous assault by a group of assailants sharing common intention---Death sentence, award of---Propriety---Community of intention was a valid concept to entail corporeal consequences, if in the circumstances of a particular case, participation of an offender was reasonably established through credible evidence. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Night time occurrence---Identification of accused---Scope---Darkness by itself did not provide immunity to an offender if the witnesses otherwise succeed to capture/ascertain his identity through available means, conspicuously mentioned in the crime report. ORDER QAZI MUHAMMAD AMIN AHMED, J. is amongst the…

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