HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

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HAQ NAWAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Motive of the occurrence, as mentioned in the oral statement of complainant, was that there was a dispute between the accused and the deceased, as the deceased had stopped the accused from visiting their house due to strange relations between the accused and his wife, the sister of the deceased and complainant---No further details of the said motive were provided in the FIR---Complainant during cross-examination stated that the accused used to visit their house after an interval of 5/6 days, however their sister, who was married to the accused, was residing in the house of complainant and the deceased---Eye-witness also stated during cross-examination that prior to the occurrence no altercation or quarrel had taken place between the accused and the deceased---Even the wife of the accused with whom the accused was allegedly having strained relations did not appear either before the Investigating Officer of the case or before the Trial Court in support of the alleged motive---Name of the wife of the accused was not even mentioned during the course of the investigation and the trial---Nothing was on record as to when the wife of the accused had been living at the house of her brothers, the deceased and complainant---Prosecution witnesses failed to provide evidence enabling to determine the truthfulness of the motive alleged and the fact that the said motive was so compelling that it could have led the accused to have committed the qatl-i-amd of the deceased---Silence with regard to the minutiae of motive alleged---No independent witness was produced by the prosecution to prove the motive as alleged---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt, however, due to some mitigating circumstances, death sentence of the accused was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

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