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MUHAMMAD ASLAM vs State S — 2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD ASLAM 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

MUHAMMAD ASLAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused was charged for committing murder of his wife/sister of complainant---Motive behind the occurrence as alleged in the FIR and brought before the Trial Court was to the effect that the accused was jobless due to which the relations between the spouses were strained and they oftenly used to quarrel with each other---Owing to that reason, the accused committed the murder of the deceased---Undoubtedly quarrel between the spouses was not unusual but merely on that reason it was not expected that a husband would kill his wife---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 or produced by prosecution before the Trial Court during trial---Prosecution had failed to prove motive against the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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