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---Benefit of doubt---Common intention not proved---Accused were charged that they entered into the Hujra of complainant and committed murder of his son by firing---Motive for the occurrence was stated to be the property dispute---Admittedly, complainant was real paternal uncle of the accused persons---No evidence was on record to suggest any previous bitterness of serious nature between the parties prior to the occurrence,therefore, in view of their close relationship with each other, mere joint entry of the accused in the Hujra could not be viewed with suspicion that there was pre-concert or pre-arrangement between them for commission of the offence---No doubt, there was motive of dispute over share of the accused in the Hujra where the occurrence took place, however, the common motive of both the accused alone was not sufficient to prove that the accused and his co-accused had entered the Hujra in furtherance of their common intention for committing the murder of deceased---No evidence was on record to prove that any pre-consultation or pre-planning had taken place between both the accused before the occurrence nor the said elements could be inferred from the surrounding facts of the case---Appeal against conviction was allowed, in circumstances. Muhammad Yaqoob, Sub-Inspector v. The State PLD 2001 SC 378 and Ali Imran v. The State PLD 2006 SC 87 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged that they entered into the Hujra of complainant and committed murder of his son by firing---Version of prosecution qua the effective firing upon the deceased specifically attributed to co-accused was clear and unambiguous, therefore, appreciation of the evidence in the same line qua culpability of the present accused was neither required nor warranted in view of the abscondence of the co-accused---Complainant alleged that both the accused scuffled with him and his deceased son but except such bald statement there was no evidence from which…

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