Waheed Khan vs Naseebullah S — 2025 MLD 42 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 42 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Waheed Khan vs Naseebullah S
Subject matter: Criminal
Provisions referred to: S. 34---V; 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

Waheed Khan VS Naseebullah S. 34---Vicarious liability---Applicability---Section 34, P.P.C., lays down the principle of constructive liability whereby if several persons unite with a common purpose to do any criminal offence, all those who assist in completing their object would be equally guilty---Foundation for constructive liability is the common intention in meeting the accused to do the criminal act and doing such act in furtherance of common intention to commit the offence---In order to constitute an offence under S.34, P.P.C., it is not required that a person should necessarily perform any act by his own hand; rather, the common intention pre-supposes prior concert and requires a pre-arranged plan---If several persons have the common intention of doing a particular criminal act and if, in furtherance of their common intention, all of them join together and aide or abett each other in the commission of an act, then one out of them cannot actually with his own hand do the act, but if he helps by his presence or by some other act in the commission of an act, he would be held to have himself done that act within the meaning of S.34, P.P.C.---White convicting an accused for sharing common intention, extra ordinary circumstances, and confidence-inspiring evidence, is needed.

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