Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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Zohaib Ahmad VS State Ss. 302(b), 324, 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly, act of terrorism---appreciation of evidence---Criminal liability---accused were charged for making firing upon the complainant party, due to which two persons died and many others including Police Officials sustained firearm injuries---There was no definite opinion as to whose short proved fatal but this doubt was not sufficient for acquittal of appellants because the bare reading of S.149, P.P.C., which introduced a concept of common object or joint criminal liability under the penal system revealed that when a criminal act was done by several persons in furtherance of their common intention or object, each of such person was liable for that act in the same manner as if it was done by him alone---Inference of common object had to be drawn from various factors such as the weapons with which the members were armed, their movements, the acts of violence committed by them and the result---Proof of specific overt act was not necessary while determining the guilt of accused being member of unlawful assembly and it would be sufficient for the prosecution to establish that the accused being member of unlawful assembly shared common object---In the present case, it was established from the record that the appellants had arrived at the scene of occurrence with deadly weapons along with absconding accused and made firing at the deceased and prosecution witnesses, thus actus reus "guilty act" and mensrea "a guilty mind" which were the pre-requisites for the constitution of criminal behavior were proved against them---Circumstances established that the prosecution had been able to prove its case against the accused beyond reasonable doubt, however the judgment passed by the Trial Court to the extent of S.7(1) (a), (b) & (g) of the anti-Terrorism act, 1997, was set aside being not proved---Consequently, with the said modification, the appeal against conviction filed by the appellants was dismissed, accordingly.

Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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