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TEEKAM alias TEKOO vs State S — 2022 PCrLJN 128 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 128 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
TEEKAM alias TEKOO vs State S
Subject matter
Criminal
Provisions referred to
S. 302; 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

TEEKAM alias TEKOO VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive was not proved---Scope---Accused was charged for committing murder of father of the complainant by inflicting hatchet blows---Motive behind the occurrence was previous enmity between the parties---Complainant in his FIR had stated that brother of the accused was murdered before the incident and accused committed murder of the father of complainant for taking such revenge---Complainant and eye-witnesses of the incident failed to mention/disclose that who had committed the murder of brother of accused and what was the fate of the said case---Nothing was on record to show that who were the culprits of the murder of brother of accused and on which date, time and place said deceased was murdered---No nexus of the accused with the murder of brother of accused had been brought on record---Investigating Officer had also failed to interrogate/investigate about the motive for commission of the murder of deceased---Trial Court also failed to put the question to the accused regarding motive in his statement recorded under S. 342, Cr.P.C.---Trial Court had also failed to record any finding regarding motive in the impugned judgment---Circumstances established that the prosecution had been succeeded in proving its case against the accused, however motive remained shrouded in mystery---Appeal was partly allowed by altering the death sentence with imprisonment for life, in circumstances.

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