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MUHAMMAD IDREES vs State Ss — 2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2021
Parties
MUHAMMAD IDREES vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IDREES VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in--- Motive not proved---Scope---Allegation against the accused person was that they armed with .30-bore pistols attacked upon a peaceful procession and killed three innocent persons and injured many others---Motive alleged in the FIR was that the accused wanted to get a passage forcibly from the land owned by one of the deceased but the deceased was not willing to provide the passage to him---In the present case, the Investigating Officer while recording his statement had deposed that during investigation none else stated that there was any dispute between the parties in respect of the passage---Investigating Officer also did not investigate the matter on that angle as to whether there was any dispute about the passage or not---At one hand, it had been mentioned in the challan that during investigation it was found that there was a dispute between the parties regarding the passage through the land owned by one of the deceased but on the other hand, Investigating Officer himself appeared and negated the averments of the challan, in such a situation it became obvious that the prosecution failed to prove the basic motive beyond shadow of doubt---Another version of the prosecution was that during the course of procession, a dispute between the parties in respect of the leading of the procession arose---Although, the accused while recording their statements under S.342, Cr.P.C., had owned that position but neither in the whole prosecution story nor in the statements of the witnesses it had been explained that what happened at the spot and what actually transpired immediately between the parties in consequence thereof the incident took place---In the present case, the origin of the occurrence was shrouded in mystery, thus prosecution had failed to prove the motive part of the occurrence---Appeals against conviction were partly accepted and sentences awarded to the accused, were converted to the sentences already undergone.

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