MUHAMMAD BASHIR vs State S — 2023 SCMR 190 SUPREME-COURT

Case information

Citation: 2023 SCMR 190 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD BASHIR 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

MUHAMMAD BASHIR VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in--- Motive not proved--- Recovery of weapon inconsequential---Specific motive had been attributed towards the accused that he wanted to marry niece of deceased and on refusal he took the deceased's life--- High Court had rightly disbelieved the motive by holding that name and parentage of niece of deceased whose hand had allegedly been demanded by the accused was not introduced in the investigation as well as before the Trial Court---No evidence could also be placed on record to prove the motive---So far as the recovery of weapon of offence i.e. .30 bore pistol was concerned, the same was inconsequential in presence of negative report of Forensic Science Agency---Keeping in view the fact that recovery was inconsequential and motive had not been proved, the High Court had rightly taken a lenient view and converted the sentence of death into imprisonment for life---No further leniency could be shown to the accused---Jail petition was dismissed and leave was refused.

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