LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

LAIS KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Motive not proved---Scope---Accused was charged that he on the command of his co-accused/ father committed murder of the husband of the complainant by firing---Motive was stated to be the strained relations between the accused and sister of the deceased which culminated into a divorce and that it was the sense of revenge which led the accused to kill the deceased---Investigating Officer did not record the statement of the divorced lady i.e. sister of the deceased and even her name did not figure throughout---Investigating Officer did not visit the house of deceased in order to inquire about the strained relations between the two and even the sister of the deceased did not come forward to confirm the stance of the complainant---Prosecution failed to establish motive on record that too in a situation where the cause of death was only and only the strained relations between the husband and wife---Investigating Officer did not examine independent witnesses in that respect and as such the motive alleged could not be proved---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances. Head Notes

LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported