Prosecution’s failure to effect recovery after almost 25 years of the incident does not surprise us nor adversely reflects upon its case otherwise firmly structured on the statements of the witnesses whose presence at the crime scene cannot be suspected. Argument that it cannot be assumed with any degree of certainty that the shots allegedly fired by the petitioner had trapped any of the deceased is entirely beside the mark; community of intention is a valid concept to entail corporeal consequences, if in the circumstances of a particular case, like one in hand, participation of an offender is reasonably established through credible evidence; the deceased certainly died of the bullets conjointly fired upon them as is evident from the seizure of as many as 90 casings from the spot and, thus, petitioner alongside the co-accused is equally culpable to share the cumulative impact of the assault. Presence of electric lights at the mosque presented ample opportunity for the identification of assailants, each named in the crime report. Darkness by itself does not provide immunity to an offender if the witnesses otherwise succeed to capture/ascertain his identity through available means, conspicuously mentioned in the crime report.
Jail Shariat Petition No.03(s)/2020
Muhammad Yaqoob vs The State
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