Citation Name: 2024 PCrLJ 343 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case JAMSHAIR vs State Ss

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

Citation Name: 2024 PCrLJ 343 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case JAMSHAIR VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Common intention, applicability of---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Complainant stated that after hearing the noise, he along with his nephew came out of his house---Accused was standing in front of the door of his house holding a Kalashnikov in his hands and threatened that in case they walked forward they would be murdered---Subsequently, other two accused caught hold of his son and later one of the co-accused fired at his son---Nephew of the complainant being eye-witness also deposed in line with the complainant---Both in straight forward and confidence inspiring manner proved that accused was member of the conspiracy designed by the principal accused---Thus, accused shared common intention with the principal accused for commission of the said offence---Principal accused and the present accused were real brothers, therefore, such blood relation between them had confirmed that the accused not only shared his intention for commission of the said offence rather committed overt act by standing upon the door of the house of the complainant with a lethal weapon---Accused was not merely present at the site of occurrence rather threatened complainant and his nephew with dire consequences from moving forward by show of criminal force and by aiming his fire arm at the complainant and the eye-witnesses---As such, accused facilitated his two brothers for commission of the alleged offence---Accused persons in furtherance of their common intention committed the murder of the deceased---Evidence on record showed that accused along with his brothers came at the scene of occurrence and that the act of firing by principal accused at the deceased was in furtherance of common intention shared by absconding accused and the accused---Accused was, therefore, rightly held vicariously liable for the murder of deceased, therefore, his conviction under Ss. 302, 34, P.P.C., was not open to any exception because common intention was equal to common liability---Circumstances established that the prosecution succeeded in proving its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed.

Citation Name: 2024 PCrLJ 343 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case JAMSHAIR vs State Ss — 2024 PCrLJ 343 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ