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SHRIMATI JAAMI vs State Ss — 2023 MLD 233 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 MLD 233 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
MLD
Parties
SHRIMATI JAAMI vs State Ss
Subject matter
Criminal

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

SHRIMATI JAAMI VS State Ss. 302(b), 201 & 34---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused were charged that they in furtherance of their common intention committed murder of the son of complainant---Motive of the incident, as alleged, was that the deceased had seen illicit terms between both the accused---Record showed that the complainant deposed in his cross-examination that he did not obtain confirmation about illicit relationship between accused persons from any person of locality---Husband of lady accused had not made any complaint to any one or even to the police about illicit relationship of both the accused---On appraisal of that piece of evidence of the complainant, it appeared that the complainant himself was not sure about the motive taken in the case which allegedly resulted the murder of deceased as per prosecution story---Motive was energetic source of mind which provided propelling force and gave impetus to perform any action or to do any act---Motive was the cause, manner and method of thoughts in the mind of a person for performing action which was hidden in the mind of accused---Lack of, absence, inadequacy, weakness of the motive, if any, set up by the prosecution and failure to prove it or the motive shrouded in mystery, were not the grounds to withhold penalty of death or to order sentence of life imprisonment, if prosecution had succeeded to prove its case beyond any reasonable doubt---Motive was not established, confession of accused was extra-judicial confession, as such carried no weight.

Other judgments reported in 2023 MLD

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