While dealing with cases of qatl-i-amd as embodied under Section 300 PPC in chapter XVI of Pakistan Penal Code, the Trial Court has to evaluate as to whether the act is committed in furtherance of common intention/object or................

 While dealing with cases of qatl-i-amd as embodied under Section 300 PPC in chapter XVI of Pakistan Penal Code, the Trial Court has to evaluate as to whether the act is committed in furtherance of common intention/object or on the basis of individual liability to press in the provision of Section 302(a)(b) or 302(c) PPC and it has to give a definite finding qua the same. Any judgment which concludes that the offence of qatl-i-amd under Section 302(b) PPC was committed in furtherance of common intention or common object but the sentence is inflicted on the basis of individual liability, the same would be squarely in defiance of the intent and spirit of law on the subject. However, if the Court comes to the conclusion that the elements of common intention and common object have not been established, then each accused would be dealt with according to their individual role and severity of allegations and would be sentenced accordingly by the Court exercising its discretionary powers.

CRIMINAL PETITION NOs. 614 & 618 OF 2017
Shafqat Hussain VERSUS The State and another(In Cr.P. 614/2011) Muhammad Iqbal and others
30-11-2022