ADNAN vs State Ss — 2022 PCrLJ 1852 LAHORE-HIGH-COURT-LAHORE

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ADNAN VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused was charged for committing murder of the nephew of the complainant by inflicting churri blows---Contents of the FIR show that motive behind the occurrence was that there was a dispute of property between sister of the accused and mother of deceased and deceased as the said sister of accused contracted second marriage after the death of father of deceased---No suit filed or pending between deceased and sister of the accused had been produced in the prosecution evidence---No application before any forum which was moved regarding the said dispute of property had been brought on the record by the prosecution---Apart from the said motive, prosecution also alleged another motive of proposed marriage of ex-wife of accused with deceased---Said lady was the best witness to prove the said second motive of the prosecution but her evidence in respect of second motive of the prosecution was self-contradictory---Although ex-wife stated that deceased called her as he wanted to marry her but at the same time she denied the suggestion that she took divorce from the accused to marry deceased---As the evidence of ex-wife about the second motive of the prosecution was self-contradictory, therefore, the said motive had not been proved by the prosecution---High Court observed that it seemed that as ex-wife was divorced by the accused therefore, she tried to implicate the accused in the case through the second motive of the prosecution, whereas, the complainant who was paternal uncle of the accused was annoyed due to second marriage of mother of the accused with someone therefore, witnesses tried to implicate the accused in the present occurrence which appeared to be unseen---Although lady had stated about the first motive of the prosecution regarding the property dispute between the deceased and the accused but she did not allege the said motive in her statement recorded by the police and the improvements made by her in respect of the motive were also duly brought on the record---Second motive alleged by the prosecution did not appeal to a prudent mind that deceased wanted to marry with the wife of his real maternal uncle which fell under prohibited degree for him---Both the motives alleged by the prosecution could not be proved in this case---Circumstances established that the prosecution had failed to prove its case against the accused beyond the shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

ADNAN vs State Ss — 2022 PCrLJ 1852 LAHORE-HIGH-COURT-LAHORE

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