| Case ID |
e1b1c6d3-3129-4b8d-ace7-9ede26d4fff9 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 11 of 2023 |
| Decision Date |
Apr 04, 2023 |
| Hearing Date |
Mar 22, 2023 |
| Decision |
The Balochistan High Court upheld the conviction of the appellant, JAMSHAIR, for his involvement in the murder of Ghulam Murtaza. The court ruled that his actions constituted vicarious liability under Section 34 of the Penal Code, as he was found to have facilitated the principal accused by threatening the complainant and his nephew while armed. The evidence presented by the prosecution, including eyewitness testimonies, established that JAMSHAIR shared a common intention with his co-accused, thus justifying the conviction. The appeal against his conviction was dismissed, affirming the trial court's judgment. |
| Summary |
This case revolves around the principles of vicarious liability and common intention under the Penal Code of Pakistan. The appellant, JAMSHAIR, was involved in a murder case where he, along with his co-accused, was found guilty of murdering Ghulam Murtaza. The court emphasized that mere presence at a crime scene does not automatically imply liability; however, when coupled with overt acts that aid the principal accused, as in this case, the individual can be held jointly responsible. The ruling highlights the importance of eyewitness accounts and the burden of proof resting on the prosecution to establish the common intention among the accused. The decision reinforces the legal standards surrounding culpability in joint criminal enterprises, making it a significant reference for future cases concerning the interpretation of Sections 34 and 302 of the Penal Code. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Zaheer-ud-Din Kakar,
Gul Hassan Tareen
|
| Lawyers |
Miraj Muhammad Marghzani,
Jamil Akhtar Gajani
|
| Petitioners |
JAMSHAIR
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 2799 = 2024 PCRLJ 343
|
| Other Citations |
The State v. Azhar Hussain and another 1987 PCr.LJ 2532,
Hayat v. The State PLD 1957 SC (Pak.) 207,
Muhammad Arshad and others v. The State 1998 SCMR 2146
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
34,
302(b)
|