ASHAR ABBAS alias ASHERA vs State Ss — 2023 YLRN 56 LAHORE-HIGH-COURT-LAHORE

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ASHAR ABBAS alias ASHERA VS State Ss. 302(b), 324, 337-F(i), 337-F(ii) & 337(v)---Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, badi'ah, hashimah---Appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---Accused was charged for committing murder of the deceased and also causing injuries to four other persons---Motive behind the occurrence as alleged in the FIR and brought before the Trial Court was to the effect that the accused wanted to marry with a lady of ill-repute whereas deceased was a hurdle in the said marriage---No cogent/convincing evidence qua motive part of incident was produced by the prosecution during the trial---No independent witness qua motive was joined by police in investigation---Case of the prosecution was that the accused came in the house along with one ill-reputed woman and on objection of deceased on arrival of said woman, a quarrel took place between the accused and deceased and being annoyed the accused committed the incident---After considering all circumstances of the case, it could safely be concluded that there was no premeditation on the part of the accused and the occurrence took place at the spur of moment because of arrival of one lady of ill-repute with the accused---Prosecution had failed to prove motive against the accused---Record showed that motive as set up by the prosecution had not been believed and recovery of chhuri at the instance of accused was inconsequential---Death sentence was converted into imprisonment for life in circumstances---Appeal against conviction was dismissed with said modification in sentence.

ASHAR ABBAS alias ASHERA vs State Ss — 2023 YLRN 56 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported