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BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 79 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
BAKHT RAWAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 34

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

BAKHT RAWAN VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Vicarious liability---Scope---Accused was charged for committing murder of mother and sister-in-law of the complainant on the instigation of co-accused---No doubt, it was the allegation against the accused that they had acted in prosecution of their common intention, however, it was the case of prosecution that the occurrence had taken place over trespassing the goats of accused into the maize crop of the complainant---Apparently, the occurrence had taken place at spur of the moment and there was no past blood feud between the parties to suggest that the accused had attacked the ladies after pre planning, therefore, the provision under S.34, P.P.C. was not attracted to the case---Appeal against conviction was allowed, in circumstances.

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