Law: Penal Code (XLV of 1860)

Section: 34,302(b),34

(a) Penal Code (XLV of 1860)--- ----S. 34---Vicarious liability---Scope---Mere presence of a person with principal accused at the scene of occurrence would not make him liable for the act of principal accused, but when his presence is not that of a spectator rather is coupled by some overt act which facilitated a principal accused to commit as offence, then it would be safe to fix joint liability on such person as well. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Common intention, applicability of---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Complainant stated that after hearing the noise, he along with his nephew came out of his house---Accused was standing in front of the door of his house holding a Kalashnikov in his hands and threatened that in case they walked forward they would be murdered---Subsequently, other two accused caught hold of his son and later one of the co-accused fired at his son---Nephew of the complainant being eye-witness also deposed in line with the complainant---Both in straight forward and confidence inspiring manner proved that accused was member of the conspiracy designed by the principal accused---Thus, accused shared common intention with the principal accused for commission of the said offence---Principal accused and the present accused were real brothers, therefore, such blood relation between them had confirmed that the accused not only shared his intention for commission of the said offence rather committed overt act by standing upon the door of the house of the complainant with a lethal weapon---Accused was not merely present at the site of occurrence rather threatened complainant and his nephew with dire consequences from moving forward by show of criminal force and by aiming his fire arm at the complainant and the eye-witnesses---As such, accused facilitated his two brothers for commission of the alleged offence---Accused persons in furtherance of their common intention committed the murder of the deceased---Evidence on record showed that accused along with his brothers came at the scene…

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