ALI ASGHAR vs State Ss — 2023 YLRN 68 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALI ASGHAR VS State Ss. 302(b), 449 & 34---Qatl-i-amd, house trespass in order to commit offence punishable with death, common intention---Appreciation of evidence---Sentence, modification of---Motive not proved---Effect---Accused was charged that he along with his co-accused committed murder of husband of complainant by firing---Motive behind the occurrence as alleged in the FIR was a dispute of Ahata between the accused and the deceased and due to that grudge, the accused committed murder of the deceased---Complainant in his cross-examination had admitted that no civil suit was pending between the deceased and the accused at the time of occurrence and no application regarding dispute of Ahata was pending before any forum or revenue authority---No independent witness qua motive was brought forward during the course of investigation or at trial---Prosecution had failed to substantiate motive against the accused---Circumstances established that the prosecution had proved its case against the accused, however, motive set up by the prosecution had not been believed and the recovery of weapon of offence had not been proved, thus, it was not a case of capital punishment, thus, death sentence awarded to the accused was converted into imprisonment for life---Appeal was dismissed with modification in sentence.

ALI ASGHAR vs State Ss — 2023 YLRN 68 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported