GHULAM ABBAS vs State Ss — 2022 YLR 99 LAHORE-HIGH-COURT-LAHORE

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GHULAM ABBAS VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Benefit of doubt---Motive was not proved--- Scope--- Accused was charged that he along with co-accused committed murder of the deceased by inflicting hatchet blow---Motive behind the occurrence was that few days prior to the occurrence, the deceased quarrelled with the accused and also slapped him, as a result whereof, alleged incident took place---Motive set up by the prosecution in the FIR and deposed about it by the complainant had been found unproved---Prosecution case in that regard was vague and could hardly inspire confidence--- Complainant deposed during examination-in-chief that some period prior to the occurrence deceased quarrelled with accused--- Accused persons grappled and deceased slapped accused---Both the accused committed murder of the deceased on that account---During cross-examination, the complainant deposed that he had not witnessed the motive occurrence---No FIR was registered in respect of motive occurrence---Investigating Officer stated that the detail of motive incident was disclosed before him and he reduced it into writing during his investigation---Detail of motive was not described by complainant or his witnesses whereas it was described by the accused---No clear evidence as to the nature of quarrel, its taking place between the deceased and accused, time of quarrel and witnesses of quarrel was available---Motive, as alleged, was an afterthought and had not been proved by any credible evidence---Circumstances established that the prosecution had failed to bring home the guilt of the accused--- Appeal against conviction was allowed, in circumstances.

GHULAM ABBAS vs State Ss — 2022 YLR 99 LAHORE-HIGH-COURT-LAHORE

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