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ALLAH MUHAMMAD vs State Ss — 2021 PCrLJ 1788 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJ 1788 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
ALLAH MUHAMMAD vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALLAH MUHAMMAD VS State Ss. 302(b), 337-a(i), 337-F(i) & 34---Qatl-i-amd, shajjah-i- khafifah, ghayr-jaifah-mudihah, common intention---appreciation of evidence---Sentence, reduction in---Vicarious liability---Scope---Prosecution case was that the accused persons attacked on complainant with dandas, due to which he received injuries on his head, wife of the complainant came after him to rescue, but co-accused made fire which hit his wife and she succumbed of the injuries---admittedly, accused were present at the time of occurrence along with absconding accused---Injured witness and ocular witness categorically stated in their statements that fire was made by absconding co-accused---admittedly, accused had not caused any injury to deceased---Role ascribed to the accused was that they assaulted on complainant with sticks, due to which, he sustained lacerated wounds---Not necessary that joint action by number of persons might be with common object---Mere presence of an accused at the venue of occurrence with co-accused might not be sufficient for vicarious liability---Common intention was to be inferred from the entire conduct of the accused---Evidence on the record was not sufficient to come to a conclusion that the accused had at any stage common intention with the principal accused to commit murder---In absence of evidence of common intention the accused would be liable for their individual act which they committed in the episode---Prosecution had not been able to prove beyond shadow of doubt the common intention of accused along with absconding co-accused to commit murder of deceased in furtherance of pre-planned design---appeal against conviction was disposed of with modification in sentence.

Other judgments reported in 2021 PCRLJ

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