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Abdul Hadi v. the State,

YLR 2012 687 · Balochistan High Court

Abdul Hadi was tried for the murder of his cousin Muhammad Yaqoob, following a property dispute between relatives. The prosecution's case was that Abdul Hadi arrived with a group including Muhammad Hussain, who was armed with a pistol. Abdul Hadi threatened the victim that he would not be spared, and Muhammad Hussain then shot him. The victim later died of his injuries. The trial court convicted Abdul Hadi under section 302(b) of the Pakistan Penal Code and sentenced him to life imprisonment plus a fine.

On appeal, the Balochistan High Court examined whether the evidence supported the conviction, particularly since Abdul Hadi himself had not fired the fatal shots. The court relied on eyewitness testimony from two independent villagers, whose accounts were consistent and matched the dying declaration the victim gave to police while hospitalized. The court held that even though Abdul Hadi did not personally shoot the victim, his act of bringing an armed companion, threatening the victim, and later helping that companion escape showed a shared common intention to kill under section 34 of the Penal Code.

The court explained that common intention doesn't need direct proof—it can be inferred from a person's overall conduct, not just a single act. Since the group arrived and left together, and the intent to kill was evident, it didn't matter who actually fired the shots. The conviction and sentence were upheld, reinforcing how courts can hold participants in joint criminal acts equally liable even without personally inflicting the fat

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