LAL SHERIN vs State S — 2022 YLR 878 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 878 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: LAL SHERIN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

LAL SHERIN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive was not proved---Scope---Accused was charged for committing murder of the brother of the complainant by causing dagger blows---Motive behind the occurrence was stated to be a dispute over thoroughfare which led to the death of the deceased but it was to see as to who out of the three brothers should have been the target as the deceased was the youngest---Situation told that had the complainant been present on the spot he would have been the prime target---Though the motive was stated to be a dispute over thoroughfare and in that respect a daily diary was submitted where the complainant was one Subaidar/ uncle of the deceased, but neither the complainant of the daily diary was produced nor the scribe---Daily diary had lost its utility to be considered as a valid piece of evidence and as such could not be taken into consideration---Investigating Officer did not record the statement of any independent witness to support the alleged motive and as such, the prosecution failed to establish the same---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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