SAMI ULLAH vs State S — 2023 YLR 1461 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1461 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: SAMI ULLAH 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

SAMI ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive not proved---Effect---Accused was charged for committing murder of the father of complainant by firing---According to the prosecution witnesses, the accused committed the occurrence due to his quarrel with the son of deceased but no detail of the said quarrel like date, time and place had been mentioned by any prosecution witness---Noteworthy that no reason of the alleged quarrel between the parties had been given by any of the prosecution's witnesses---Vague and general statement had been made by the prosecution witnesses regarding the motive part of the occurrence---Thus, the motive alleged by the prosecution had not been proved in the case---However, if the prosecution evidence qua motive was excluded from consideration, even then sufficient incriminating evidence was available on record to prove the prosecution case against the accused---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the conviction was maintained but sentence awarded to the accused was altered from death to imprisonment for life---Appeal was dismissed with said modification in sentence.

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