SAMERO vs State Motive — 2023 YLR 1483 KARACHI-HIGH-COURT-SINDH

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SAMERO VS State Motive--- Scope--- If prosecution asserted a motive but failed to prove the same then such failure on the part of prosecution might react against a sentence of death. Citation Name: 2023 YLR 1483 KARACHI-HIGH-COURT-SINDHBookmark this Case SAMERO VS State Ss. 302(b), 147, 148, 149, 114 & 504---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly, abettor present when offence is committed, intentional insult with intent to provoke breach of peace---Appreciation of evidence---Sentence, reduction in---Prosecution case was that the accused party while armed with deadly weapon, assaulted on complainant party, due to which two sons and wife of complainant died---Complainant and two witnesses were the eye-witnesses of the incident---Incident occurred in the house of the complainant and it was day time incident, thus, there was no question of mistaken identity---Both the parties resided in the same vicinity---Evidence of eye-witnesses was corroborated by the medical evidence---Despite lengthy cross-examination, not a single major contradiction came on record, certain minor contradictions had come on record, which could easily be ignored because such minor contradictions would not be fatal to the case of prosecution---Record showed that eye-witnesses had no motive to falsely implicate the accused in the case---Present case was not the case of old murderous dispute between the parties but incident occurred on cattle trespass---Defence had not pressed the appeal on merits but prayed for reduction of death sentence mainly on the ground that prosecution failed to prove the motive at the trial---In the FIR motive as set up was cattle trespass but complainant in his evidence had not mentioned on which date and time cattle of accused trespassed in his lands---Complainant asserted motive in FIR but failed to prove at trial---Other eye-witnesses of the incident had also failed to mention about the motive in their evidence---Investigating Officer had also failed to interrogate/investigate the motive for the commission of the offence---Trial Court in its judgment had clearly mentioned that prosecution had failed to prove the motive at the trial---Motive alleged for triple murders was too feeble---Even otherwise, incident occurred on cattle trespass, it was common in village life and weapons used were lathis, rods and hatchets therefore, having regard to the facts and circumstances of the case, there were multiple factors for reducing sentence of death to imprisonment for life---Maintaining the convictions, death penalty of the accused was reduced to imprisonment for life, in circumstances.

SAMERO vs State Motive — 2023 YLR 1483 KARACHI-HIGH-COURT-SINDH

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