SARDAR KHAN vs State Ss — 2022 PCrLJN 127 LAHORE-HIGH-COURT-LAHORE

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

SARDAR KHAN VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive was not proved---Scope---Accused were charged for committing murder of the brother of the complainant by firing---In the crime report as well as, in the private complaint, it was specifically mentioned that bhanja of the complainant and son of accused met a roadside accident in which son of accused received serious injuries, which proved fatal---Matter was patched up by intervention of respectables of the locality, however, the case was pending before the Trial Court---In order to take accused etc. for appearing in the court to make statements qua compromise on the day of occurrence when deceased reached their house, the accused committed his murder---Admittedly occurrence pertaining to motive took place while the deceased was murdered and the record was silent whether during the intervening period any untoward incident ever occurred inter-se the parties---Record was silent as to why, after such a long period, accused would plan to murder the deceased on account of death of his son in a roadside accident which according to bare reading of the private complaint had already been patched up---Prosecution could not prove motive as alleged in the private complaint through cogent and convincing evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

SARDAR KHAN vs State Ss — 2022 PCrLJN 127 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported