Syed Farman Ali shah vs Mian Syed Wahab Bacha Ss — 2024 MLD 1055 PESHAWAR-HIGH-COURT

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Syed Farman Ali shah VS Mian Syed Wahab Bacha Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged that they entered into the Hujra of complainant and committed murder of his son by firing---Version of prosecution qua the effective firing upon the deceased specifically attributed to co-accused was clear and unambiguous, therefore, appreciation of the evidence in the same line qua culpability of the present accused was neither required nor warranted in view of the abscondence of the co-accused---Complainant alleged that both the accused scuffled with him and his deceased son but except such bald statement there was no evidence from which independent role of the accused in the occurrence could be ascertained---Complainant and eyewitness had not attributed even a single overt act to accused in the present case during the fight to be considered for aiding or abetting his co-accused at the time of firing at the deceased---Ocular account, in respect of the accused, could only establish his presence on the spot but none of the witnesses had explained his independent role or the manner in which he had aided or abetted the absconding co-accused---When the common intention was neither proved through evidence nor could be inferred from the circumstances then the accused could not be held vicariously liable for commission of the crime under S. 34, P.P.C merely on the ground that he was present on the spot at the time of occurrence---Section 34, P.P.C, was neither punitive, nor it enacted a rule of evidence but mainly related to joint liability---Such vicarious liability of an accused could not be determined in vacuum rather the evidence on record was required to be analyzed with due care and caution so that an innocent person might not be punished for a crime he neither intended to commit himself nor aided or abetted the commission thereof in any manner nor he had the knowledge that his co-accused would commit the crime---Appeal against conviction was allowed, in circumstances.

Syed Farman Ali shah vs Mian Syed Wahab Bacha Ss — 2024 MLD 1055 PESHAWAR-HIGH-COURT

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