MUHAMMAD HASSAN alias AAMIR vs State Ss — 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD HASSAN alias AAMIR VS State Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive was proved---Scope---Accused were charged for committing murder of the father-in-law, mother-in-law and wife of the complainant by firing---Motive in the correct sense, was the emotion supposed to have led to the act---External fact which was sometimes styled the motive, was merely the possible exciting cause of that 'motive' and not identical with the motive itself---Accused had stated in his statement under S.342, Cr.P.C., that his father was murdered and he had enmity with the complainant party---Such statement on his part was indicative of his intention and action for committing murder of male deceased on that score---Father of accused was murdered in year 1996---First Information Report under Ss. 302, 109 & 34, P.P.C. was lodged against the deceased but said deceased stood acquitted from the Trial Court---Year when father of the accused was murdered, he was about six years of age---As per evidence, accused was brought up by his maternal relations, therefore, it was natural consequence that when he grew up, such loss and deprivation ignited him for retaliation to take revenge of murder of his father---Accused was in the twenty one years of age when he committed that murder as reflected from birth certificate, hence, motive against the present accused was proved in the case---Circumstances established that the prosecution had successfully proved the case against the present accused on the touchstone of standard required in a criminal case---Appeal against conviction being devoid of merit was dismissed, in circumstances.

MUHAMMAD HASSAN alias AAMIR vs State Ss — 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE

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