Bail dismissed for offence of 34 ppc common intention (Mujjan Ali Panhwar )
---S. 34---Criminal Procedure Code (V of 1898), S.497---Common intention---Principle of vicarious liability---Applicability---Bail---To constitute an offence under S.34, P.P.C., it was not required that a person, should necessarily perform any act with his own hands---If several persons had the common intention of doing a particular criminal act, and if in furtherance of their common intention, all of them were jointly together, and aided or abetted each other in the commission of an act then one, out of three, could not actually with his own hands, do the act, but if he would help by his presence or by other act in the commission of an act, he would be held to have himself done that act within the meaning of S.34, P.P.C.---Principle of vicarious liability could be looked into even at bail stage, if from the FIR, accused appeared to have acted in pre-concert or shared to community of intention with his co-accused, who caused fatal injury to deceased, then he could also be saddled by constructive or vicarious liability.
---S. 34---Criminal Procedure Code (V of 1898), S.497---Common intention---Principle of vicarious liability---Applicability---Bail---To constitute an offence under S.34, P.P.C., it was not required that a person, should necessarily perform any act with his own hands---If several persons had the common intention of doing a particular criminal act, and if in furtherance of their common intention, all of them were jointly together, and aided or abetted each other in the commission of an act then one, out of three, could not actually with his own hands, do the act, but if he would help by his presence or by other act in the commission of an act, he would be held to have himself done that act within the meaning of S.34, P.P.C.---Principle of vicarious liability could be looked into even at bail stage, if from the FIR, accused appeared to have acted in pre-concert or shared to community of intention with his co-accused, who caused fatal injury to deceased, then he could also be saddled by constructive or vicarious liability.
2015 P Cr. L J 1531[Sindh]
Before Muhammad Ali Mazhar, J
Before Muhammad Ali Mazhar, J
RAB NAWAZ and 2 others---Applicants
versus
The STATE---Respondent
versus
The STATE---Respondent
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