Law: Pakistan Penal Code, 1860

Section: 34,302

Penal Code (XLV of 1860), S.34-Common intention­--Whether pre-arranged plan necessary in all cases-Common intention may develop in the course of the transaction constituting the offence and may be gathered from the number and nature of injuries. Common intention can be formed even during the course of the transaction. The facts of the case were: when Sana Ullah accused went to the house of the deceased, he had no intention to kill him. When in response to his call for help Ara Ullah, Muhammad Sadiq and Abdul Quddus the other accused came, they could have no intention to cause the death of Muhammad Sharif, although they came armed with sticks and a takwa. Held, that they must have formed the common intention to cause the death of Muhammad Sharif when they attacked him with their respective weapons, for they inflicted as many as five injuries in the region of the head and only one on the chest, and that too with such a force as to cause a fracture of as many as three of the ribs. They did not inflict any injury on any other part of the body. It could not have beer a mere coincidence that five out of six injuries landed on the most vulnerable part of the body and the 6th also on an important part of the body. Two of the injuries on the head were such which could be individually fatal, while the other in. juries contributed to the death of Muhammad Sharif. The accused with the exception of Abdul Quddus who was given benefit of doubt were held guilty under section 302 read with section 34. Mahbub Shah v. Emperor A I R 1945 P. C. 118. The Public Prosecutor v. Chitikinsa Subbamma I L R 1947 Mad. 224 and Sardar Ali and Abdul Sattar v. The Crown. Federal Court, Cdr. Appeal No. 24 of 1952 - P L D 1953 F. C. 145: JUDGMENT SOOFI, J.-This is an appeal by Sana Ullah, aged 20, Ata Ullah, aged 30, and Abdul Quddus, aged 25, who are brothers among themselves, and their relative, Muhammad Sadiq, aged 16, from the order of the Sessions Judge, Shahpur at Sargodha, by which he convicted them under section 302 read with section 34 P. P. C. and sentenced each one of them to transportation for life. The prosecution story, as given by Rahim Bakhsh (P. W. 3), the principal eye=witness,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492