Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860) S. 302/34-Evidence, evaluation of-Presence -of injured eye. witness at place of occurrence established and his evidence reliable-Accused apprehended immediately after occurrence by police officials and their evidence suffering from no infirmity- Recovery of crime weapon established and prosecution evidence supported by medical evidence and motive of crime-Being a broad daylight incident, possibility of false involvement of accused, ruled out-Accused, joining together in commission of crime coming armed with deadly weapons with a definite design to kill-Conviction maintained, in circumstances.-[Evidence]. Bahar v. The Crown P L D 1954 F C 77 ; Hidayetullah and another v. The State P L D 1971 Kar. 871 and Shamsher and another v. The State etc. 1973 S C M R 69 ref. (b) Criminal trial Witness, interested-Mere fact of witness being related to victim, held, no ground for discarding his testimony if otherwise his presence at spilt established and his evidence corroborated by other independent evidence.-[Witness]. (c) Penal Code (XLV. of 1860) S. 34-Principle-.Section 34, held, -simply recognizes a nom monsense principle that if two or more persons intentionally do a thing jointly, it is just same as if each one of them had done lit individually.-{Common intention]. (d) Penal Cede (XLV of 1860) S. 34-Operation of-. Section 34 operates only when criminal act done by an individual in furtherance of common intention found as a fact-Conditions requisite for applicability of section accused's presence at scene of occurrences; (ii) actual participation, and (iii) pre-concert or pre-arranged plan. [Common intention]. (e) Penal code (XLV of 1860) S. 34-Common intention-Proof-Simplest method to prove common intention : direct evidence of conspiracy-Failing such evidence resort to other circumstances evidencing community of interest-Proof of circumstances necessarily leading to inference or incriminatory facts however to be in compatible with innocence of accused and incapable of explanation on any other reasonable hypothesis.-[Common intention]. (f) Penal Code (XLV of 1860) S. 302-Sentence - Mitigation-Accused acting in pre-concert, fir ing at…