Muhammad Rafique vs State Ss — 2025 YLR 169 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 169 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Rafique vs State Ss
Subject matter: Criminal
Provisions referred to: 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

Muhammad Rafique VS State Ss. 302(b), 460, 147, 148 & 149---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Common intention---Vicarious liability---Scope---Accused were charged for committing murder of the nephew of complainant by firing---Trial Court convicted the present accused merely on the basis of surmises, conjectures, and probabilities---To attract the provision of S.34, P.P.C., there must be some proof of an overt act on the part of each accused in furtherance of the common intention---Mere presence of an accused without any overt act at the place of occurrence at the time of occurrence with the co-accused, who committed the offence, might not be sufficient to connect the former with vicarious liability---Principle of vicarious liability cannot be invoked unless and until common intention and object are proved---For that purpose, strong circumstances must exist to manufacture a common intention, which was missing in the present case---Prosecution had failed to establish the common intention and common object of the accused for the commission of the crime, and no corroborative evidence was produced by the prosecution with the statement of eye-witness---Circumstances established that the prosecution had failed to prove the charge against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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