Case Details

Citation(s)
2023 SLG 1233 2023 SLD 1233 2023 PLJ 200
Appellate Tribunal Inland Revenue, Multan Bench
Crl. A. Nos. 547-J, 551-J,546-J of 2018 & M.R. No. 47 of2018,heard on 8.9.2022 Date of hearing: 8.9.2022.
SADIQ MAHMUD KHURRAM AND MUHAMMAD AMJAD RAFIQ, JJ.

ABDUL AZIZ, etc. VSSTATE, etc.--Respondents

Law: Pakistan Penal Code, 1860

Section: 38,394,396,302(b),34

Medical evidence-- ----Whereas two witnesses remained firm in stating role of accused/ appellants since inception--Even otherwise in a state of panic it is not expected from a witness to state roles of accused with such precision so as to expect a photographic narration--Doctor declared injuries as result of firearm weapon and description stood matched with inter se distance between appellants and targeted victims as reflected from explanatory evidence in form of site plan--The distinguished roles of appellants have taken their roots in opinion of doctor as well when he responded during cross- examination: Medical evidence lends support to ocular account to tile up path to gallows for responsible accused and concretes prosecution case against accused/appellants. [P. 208] A 1986 SCMR 1027 Motive-- ----Motive plays a vital role in determination of criminal liability of perpetrators when they are claimed to have shared common intention. [P. 209] B Common intention-- ----Principles--Substantive criminal law bears ‘Common intention syllogism’ since century or so which boiled out from factual inquiry in different criminal cases for determination of vicarious liability of accused in commission of an offence for purpose of sentencing--Legal literature inbox of common law jurisdiction is replete with judicial precedents commenting upon true interpretation of this principle--The principle up and down goes materialized to cover purpose that no offence should go unchecked and no offender should go unpunished and that too with proportionate sentence--Our Judicial system also experienced such kind of situations which were responded with philosophical attentions, scholarly discourse and, lo, verdicts celebrated for many decades have created our own data base to rely on and apply in a particular case to catch criminal liability rest on communion of minds. [Pp. 209 210] C Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 34, 35, 36, 37 38--Common intention--Persons concerned in criminal act may be guilty of different offences--Pakistan Penal Code, 1860, statute of general criminal law in Pakistan courageously explains application of principle of common intention in different…
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