2010 GBLR 35

SAFA Versus State

Citation2010 GBLR 35

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Muhammad Nawaz Abbasi, C.J. and Muhammad Yaqoob

ORDER

1. The learned counsel at the outset has submitted that he would not press this petition to the extent of petitioners Nos.1 and 2 and the application to this extent is accordingly dismissed.

2. After hearing the learned counsel for the petitioners, we found that Riaz and Mir Wali petitioners herein were directly charged in the F.I.R. for firing in the occurrences, as a result of which Mst. Zulakha was injured, while Jamshed having sustained injuries at the hand of their co-accused died at the spot. The contention of learned counsel that section 34, PPC would not attract as the petitioners have no common intention to commit an offence of Qatl-e-amd and even if the allegation against them are proved by the prosecution at the trial, there is no possibility of their ultimate conviction under section 302, P.P.C.

3. The tentative assessment of evidence available on record would suggest the active participation of petitioners in the occurrence, therefore, the question of common intention is to be determined at the trial in the light of evidence and cannot be decided at this stage. Consequently, we without expressing our view on the merits of the case, dismissed this petition.

4. M.H./43/Glt. Petition dismissed.