ABDUL WALI vs State Ss — 2025 PLD 72 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL WALI VS State Ss. 302(b), 393 & 34---Criminal Procedure Code (V of 1898), S.367---Qatl-i-amd, attempt to commit robbery, common intention---Appreciation of evidence---Contents of judgment---Scope---Accused were charged for murdering the brother of complainant while attempting to commit robbery---Although, it was an admitted fact that the Trial Court while framing charge against the accused persons had charged them for the offence of common intention falling under S. 34, P.P.C., but while deciding the lis, each accused was dealt on the basis of 'individual liability'---Conviction was recorded against accused "B" for the murder of the deceased, however, the applicability of S. 34, P.P.C., with reference to other accused was totally ignored and they were convicted on the basis of individual liability without assigning a 'definite finding' regarding their participation in commission of offence in furtherance of their common intention falling under S. 34, P.P.C---When all the accused persons were specifically charged for having committed the crime in furtherance of their common intention, the trial Court ought to have given a 'definite finding' regarding the applicability of Ss. 302 & 34, P.P.C., to all the accused persons qua the charge of murder---Trial Court ignored the fact that all the accused persons committed their respective overt acts in furtherance of their common object, and as such, they were part of the unlawful assembly, hence, the conviction and sentence recorded against the accused on the basis of individual liability in the absence of any 'definite finding' to negate that the act of each individual was without premeditation, was beyond the scope of law---Act of each individual, if committed in furtherance of the common intention, the facts were to be dealt conjointly to arrive at a conclusion in the spirit of law---Case was remanded to the Trial Court for the limited purpose to re-write the judgment on the basis of existing judicial record within two months strictly in accordance with law.

ABDUL WALI vs State Ss — 2025 PLD 72 QUETTA-HIGH-COURT-BALOCHISTAN

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