Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Accused were charged for committing murder of the son of the complainant by firing---Record showed that the accused actively participated in the incident, he along with other co-accused took the complainant party with the pretext that they were selling the buffalo and when they brought the complainant party at the place where they could easily commit the murder, they committed the same---During the cross-examination, not a single suggestion was made to the prosecution witnesses that he was not accompanied with the co-accused nor it was suggested that he was falsely involved due to some grudge with complainant party---Accused had directly participated in the occurrence as evident from the depositions of the witnesses, even otherwise his case also fell within the ambit of S. 34, P.P.C., which provided that when a criminal act was done by several persons, in furtherance of the common intention of all, each of such persons was liable for that act in the same manner as if it was done by him alone---During cross-examination it was also brought on record that the accused was also residing near the house of complainant party and the same had not been denied by the accused---Presence of complainant and the eye-witness at the place of wardat was also established from their evidence---No dent in the prosecution evidence was available which suggested that the accused was falsely involved in the commission of offence---In the present case, the occurrence had taken place in the broad daylight and there was no chance of any misidentification---All the said factors when evaluated conjointly it was abundantly clear that the prosecution had succeeded to establish the case without any reasonable doubt---Appeal was dismissed accordingly. Nasir Iqbal alias Nasra and another v. The State 2016 SCMR 2152; Zulfiqar Ahmed and another v. State 2011 SCMR 492 and Muhammad Afzal v. The State 2020 SCMR 597 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Related and interested witnesses---Scope---Accused were charged…

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