Law: Penal Code (XLV of 1860)

Section: 302(b),337A,337D,337F,34

Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A, 337-D, 337-F & 34---Qatl-i-amd, causing shajjah, jaifah, grievous harm, common intention---Appreciation of evidence---Benefit of doubt--Accused-applicant was charged that he along with his co-accused caused injuries to complainant, who later succumbed to his injuries---Admittedly, the appellant was the real brother of the deceased and father of the absconding accused---According to the version of the prosecution, the absconding coaccused armed with sticks, hit the deceased on his head, who later on succumbed to his injuries---There was no evidence on record that the accused/appellant caused any injuries to the deceased or that he was armed with any deadly weapon---No evidence was on record to suggest any previous bitterness of a serious nature between the parties prior to the occurrence; therefore, in view of their close relationship with each other, merely living in the same house could not be viewed with suspicion that there was pre-concert or pre-arrangement between the appellant and the absconding co-accused for the commission of the offence---No evidence was on record to prove that any pre-consultation or preplanning had taken place between two accused before the occurrence, nor the said element could be inferred from the surrounding facts of the case--Prosecution could not collect any positive evidence that could help in forming an opinion that the convict/appellant had shared a common intention with the absconding co-accused---No doubt that the prosecution could not succeed in connecting the appellant with the commission of the offence, that too, under S.34, P.P.C.---Circumstances established that the prosecution had miserably failed to establish the culpability of the appellant in the instant case through reliable, trustworthy, and confidence-inspiring---Appeal against conviction was allowed accordingly. Date of hearing: 9th September, 2025. JUDGMENT ROZI KHAN BARRECH, C.J.---The captioned appeal is directed against the judgment dated 27.03.2025 ("impugned judgment") passed by learned Sessions Judged Panjgur ("trial court") in Case No. 03/2024 emanating from FIR No. 199/2023…