Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b)/324/34/337-F(i)---Qatl-e-amd, attempt to commit qatl-e-amd and causing damiyah---Appreciation of evidence---Common intention---Scope-.. Absconding co-accused had been assigned the role of firing at deceased, whereas present accused was charged for effectively firing at complainant---Prosecution had failed to prove its case by leading any confidence inspiring evidence against accused for sharing common intention in commission of murder of the deceased--. Common intention for committing murder, was a question of fact which could be ascertained on the basis of acts and conduct of accused, ferocity of attack, weapon used, number of blows or fire shots coupled with element of pre-concert of mind---Accused, in the facts and circumstances of the case, did not commit murder of deceased, but was wrongly and illegally convicted and sentenced therefor---Prosecution had been able to prove its case against accused qua firing at the complainant and seriously injuring him---Trial Court in circumstances had rightly convicted and sentenced accused under Ss.324 & 337-F(i), P.P.C., which findings of fact were maintained---Conviction and sentence of accused recorded under S.302, P.P.C., was set aside, while remaining conviction and sentence recorded under Ss.324/337-F(i), P.P.C., was maintained. JUDGMENT MIAN FASIH-UL-MULK, J.---Muhammad Javed appellant was charged under sections 302/324/34, P.P.C. and on conclusion of trial was convicted under section 302(b), P.P.C. and sentenced to imprisonment for life with a compensation of Rs.2,00,000, ten years' R.I. under section 324, P.P.C. with a fine of Rs.10,000 and to six months R.I. under section 337-F(i), P.P.C. along with payment of, Daman amounting to Rs.20,000. However, benefit of section 382-B, Cr.P.C. was extended to the appellant. 2. On 24-10-2005 Fazal-ur-Rehman complainant in injured condition reported to local police in Emergency Ward DHQ Hospital Abbottabad that at about 3-30 p.m. he along with Adil Waseem was present at Banni Chowk. In the meanwhile Sajid and Javed duly armed with .30 bore pistols came there and started firing. Sajid fired at Adil Waseem, who was hit and died…

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