RABBA vs State Ss — 2023 MLD 831 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 831 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: RABBA 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

RABBA VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sharing of common object and intention---Scope---Mitigating circumstances---Accused were charged that they along with co-accused persons committed murder of the brother of the complainant by firing---Sharing of common object and intention was a phenomenon, which couldbe gathered at spur of the moment, which could be inferred from the peculiar circumstances of an occurrence---During course of the instant homicidal event, the nominated accused persons came together at the crime scene, quarreled with the deceased and together made fire shots upon the deceased and without disassociating each other made their escape good from the crime scene, which inferred that while sharing common object and intent, they came at the crime scene and committed murder of the deceased---However, since the seat of injuries caused by a specific felon was not known, thus, this factum could be taken into account as a mitigating circumstance, thus the conviction and sentence of life imprisonment awarded by the Trial Court were sufficient enough to serve the purpose---Circumstances established that the prosecution had proved the indictment against the accused persons beyond any glimpse of doubt---Appeal against conviction was dismissed, in circumstances.

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