MUHAMMAD ARIF vs State Ss — 2022 PCrLJN 106 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ARIF VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused was charged that he along with co-accused committed murder of the brother of the complainant---Motive behind the occurrence as alleged in the FIR and stated before the Trial Court was to the effect that deceased caught red handed accused while committing theft and gave him beating and due to that grudge the accused along with his co-accused committed the murder of the deceased---No exact date and time as to when the accused was apprehended by the deceased while committing theft had been mentioned in the FIR or stated before Trial Court---As conceded by the complainant during cross-examination, the motive part of the incident was not reported to the police---No cogent/convincing evidence qua motive part of incident was produced by the prosecution during the trial---No independent witness qua motive was joined by police in investigation or produced by prosecution before the Trial Court during trial---Prosecution had failed to prove motive against the accused---Circumstances established that the prosecution failed to discharge its responsibility of proving the case against the accused---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ARIF vs State Ss — 2022 PCrLJN 106 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported