-Rioting armed with deadly weapon--Provisions of law makes it crystal clear that if “rioting” is committed by accused persons while armed with deadly weapons then...........

 2024 MLD 1672
PLJ 2024 Cr.C. 553

-S. 148--Rioting armed with deadly weapon--Conviction and sentence--As per own case of prosecution, (co-accused/still proclaimed offender) fired shot and caused single/fatal firearm injury to deceased of case, however, present appellants neither caused any injury to deceased or anybody else in case nor even attempted to do so rather allegation of ineffective firing has been alleged against them--Section 148 PPC speaks regarding punishment for rioting armed with deadly weapon--In such perspective, report of Punjab Forensic Science Agency regarding mere working capability of said weapons cannot provide any corroboration to case of prosecution against both these appellants--Hence, when empties were sent to Punjab Forensic Science Agency after arrest of appellant, then report of said Agency regarding matching of empties with allegedly recovered shotgun from appellant is inconsequential and in this regard--When neither common object nor motive could be established by prosecution against present appellants and even recovery of weapons from appellants is inconsequential, then nothing is available on record to provide any corroboration to case of prosecution against present appellants--Held: By now it is well settled that, if same/identical role has been alleged against more than one accused and anyone out of them has been acquitted, then in absence of strong corroboration, other accused persons against whom also similar allegation was levelled by prosecution, cannot be convicted and sentenced--Prosecution has been failed to prove its case against appellants beyond shadow of reasonable doubt and in such state of affairs, there is no need to discuss defence version

----Ss. 146, 141 & 148--Provisions of law makes it crystal clear that if “rioting” is committed by accused persons while armed with deadly weapons then they are to be punished u/S. 148 PPC and as per Section: 146 PPC, “rioting” is use of force or violence by an unlawful assembly or by any member thereof in prosecution of common object of said assembly and it is equally important to mention here that as per Section: 141 PPC, assembly is designated as “unlawful assembly” if same has been constituted for achieving “common object” mentioned in five clauses mentioned therein; Hence, “common object” is necessary ingredient for invoking Section 148 PPC.

ASIF alias ASAD and 3 others versus.STATE and another-

Crl. A. No. 245 & 409 of 2016