MUNIR vs State Ss — 2022 YLRN 90 LAHORE-HIGH-COURT-LAHORE

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MUNIR VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Motive not proved---Scope---Accused was charged that he along with his co-accused persons committed murder of the husband of complainant by firing---Motive behind the occurrence was that the accused got married to deceased/ daughter of the complainant two years prior to the occurrence---In the wedlock, there was a baby girl living with the accused---Marriage was dissolved through court---Record further divulged that deceased was not willing for her divorce---Record further divulged that the parties were not on speaking terms and after the divorce, no altercation ever took place between them, thus, there was no apparent reason for the accused to launch murderous assault upon the deceased, in particular, when their marital ties had come to an end, and in particular, when his daughter was living with him---Motive mentioned in the crime report was that the deceased was done to death due to revenge of the divorce whereas, complainant during trial stated that deceased filed a suit for dissolution of marriage, thus, the accused nourished grudge against them and they committed murder of the deceased---Admittedly, motive was not a component of murder and the prosecution was not bound to introduce any motive but once a motive is set up and not proved then it adversely affects the case of the prosecution---Motive set up in the FIR for the incident was either not proved or remained too vague and generalized---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUNIR vs State Ss — 2022 YLRN 90 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported