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ABDUL MAJEED alias JAWA vs State Ss — 2022 YLR 1938 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLR 1938 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
YLR
Parties
ABDUL MAJEED alias JAWA 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

ABDUL MAJEED alias JAWA VS State Ss. 302(b), 324, 337-a(ii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-mudihah, common intention--- appreciation of evidence---Benefit of doubt---Vicarious liability---Scope---Prosecution case was that the accused assaulted on the complainant party, due to which brother of complainant died while his nephew and cousin received bullet and butt injuries---accused was charged for sharing common intention with the absconding accused in the commission of the offence---Witnesses had not assigned accused any overt act---No evidence with regard to participation of accused in crime was available on the record---Section 34, P.P.C. was neither punitive nor did enact a rule of evidence, but related to joint liability---Mere presence on spot ipso facto was not sufficient to hold a person vicariously liable---Prosecution must prove that the offence was committed in pre-arranged plan---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 YLR

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