Law: Pakistan Penal Code (XLV of 1860)

Section: 302(b)/34

(a) Penal Code (XI.V of 1860)-------S. 302(b)/34---Appreciation of evidence---Fatal shot had been fired by the absconding accused with his pistol---Eye-witnesses were closely related to each other and resided at far-off places from the place of incident---Possibility of exaggeration and false implication of accused could not be ruled out---No direct role was attributed to accused in the occurrence---Prosecution had failed to prove pre-concert and common intention to commit the murder within the purview of S.34, P.P.C.---Medical evidence was in direct conflict with ocular testimony---Accused was acquitted in circumstances.Shihab Din v. State PLD 1964 SC 177; Athar Khan and 2 others v. State PLD 1972 Lah. 19; Mehrullah and 2 others v. State PLD 1999 Quetta 88; Muhammad Akbar and 2 others v. The State PLD 1991 SC 923; Mushtaq Ali and 2 others v. The State 1999 MLD 506; 2002 PCr.LJ 1072 and Bagh Ali v. Muhammnad Anwar and another 1983 SCMR 1292 ref.(b) Penal Code (XLV of 1860)-------S. 34---Acts done by several persons in furtherance of common intention---Intent and import---Joint action by a number of persons is not necessarily an action performed with a common object, but it may be performed on the spur of the moment as a reaction to some incident and such a case would fall within the ambit of S.34, P.P.C.---Mere presence of an accused at the place of incident with a co-accused who commits the offence may not be sufficient to visit the former with vicarious liability---Strong circumstances must exist manifesting a common intention---Common motive, pre-planned preparation and pre-concert are generally the elements which constitute common intention---Common intention may develop even on the spur of the moment or during the commission of offence and conversely it may undergo a change during the commission of the offence.Mehrullah and 2 others v. State PLD 1999 Quetta 88 and Muhammad Akbar and 2 others v. The State PLD 1991 SC 923 ref.(c) Penal Code (XLV of 1860)------- S. 34---Common intention---Determination of---Section 34, P.P.C. declares a rule of criminal liability and does not itself create a distinct offence---In order to determine the common intention regard…