AMAN ULLAH SHAH vs State Ss — 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE

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AMAN ULLAH SHAH VS State Ss. 302, 324, 337-U, 337-a(i), 337-a(ii), 337-F(i), 337-F(v), 337-L(2), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf of teeth, shajjah-i- khafifah, shajjah-i-mudihah, damiyah, ghayr-jaifah-hashimah, causing hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Motive not proved---accused were charged that they along with their co-accused assaulted the complainant party, due to which one person died whereas seven sustained injuries---Motive behind the occurrence was an altercation between three accused and one of the members of complainant party i.e. Mr. "M", who was not produced, a few moments prior to the occurrence---Details of altercation could not be found from the available material and it was not determined during the investigation, who specifically ridiculed the complainant party---During trial, the complainant mentioned / introduced another motive that the accused persons committed the occurrence as another FIR was registered against accused party---Complainant admitted during the cross-examination that he got recorded his supplementary statement on the day of occurrence and no motive was mentioned in the said supplementary statement---admittedly, motive was not the component of murder and some crimes were motiveless---Even otherwise, the motive was hidden deep in the mind of the perpetrators of the crimes and the prosecution was not bound to introduce any motive but once a particular motive was set up and not established then, it militated against the prosecution---In any case, Mr. "M" was not examined during trial and, thus, it could safely be concluded that the prosecution failed to prove the motive---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

AMAN ULLAH SHAH vs State Ss — 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE

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