Law:

Section:

(a) Penal Code (XLV of 1860)----Ss. 396 & 34---Criminal Procedure Code (V of 1898), S.164---Re¬appraisal of evidence---Confessional statement---Scope---Principle of common intention and joint liability---Applicability---During investigation, accused confessed his guilt and his statement was recorded under S.164 Cr.P.C.---Trial Court in the light of confessional statement and other evidence produced by prosecution, convicted the accused under S.396 P.P.C. and sentenced him to imprisonment for life---Conviction and sentence awarded by Trial Court was maintained by Federal Shariat Court---Plea raised by accused was that though he abetted his co-accused in commission of dacoity but he had no intention to commit murder---Validity---Statements of prosecution witnesses coupled with evidence of recoveries and medical evidence' rightly led to conclusion that confessional statement made by accused contained true account of occurrence and therefore, was rightly believed by both the courts below---Principle of joint liability laid down by S.34 P.P.C. was dependent on existence of common intention energizing accused to commit criminal act in furtherance of such intention---Accused not aware of intention of his companions to commit murder though sharing intention to commit another offence in their company, could not be saddled with liability of murder---Any intention within the meaning of S.34 P.P.C. hinted at a pre-arranged plan and therefore, application thereof required proof to the effect that criminal act was done pursuant to pre-arranged plan---So far the offence of dacoity was concerned, liability of accused was joint with other accused persons because it was committed pursuant to a pre-arranged plan---Accused was not liable for offence of murder because as per evidence on record neither it was included in the original plan nor was the accused aware of the intention of co-accused who fired at deceased and killed him---Supreme Court converted petition for leave to appeal into appeal, maintained the conviction under S.396 P.P.C. but reduced sentence to ten years' imprisonment---Appeal was allowed. Ghulam Qadir v. The State PLD 1960 SC (Pak.) 254; Hassan v. The State…

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