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ZARSHAD vs State Ss — 2024 PCrLJ 546 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 546 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
ZARSHAD vs State Ss
Subject matter
Criminal

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

ZARSHAD VS State Ss. 302(b) & 149---Qatl-i-amd, unlawful assembly---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused was charged that he along with his co-accused persons committed murder of the two sons of complainant and also injured him by firing---Record told that the motive between the parties was a previous ill-will and in that respect few FIRs were available on file, but the offences, for which some of the accused were charged in those FIRs, were trivial in nature and the same would hardly motivate the accused to eliminate the deceased---Even the Investigating Officer could not gather supportive evidence in that respect---As the manner in which the incident occurred did not appeal to a prudent mind and even in respect of the motive no independent witnesses were produced, which could confirm that the motive was the only cause for the present tragedy---True that weakness or absence of motive was hardly a ground to acquit the accused charged, but equally true that when motive was the constituent part, then the prosecution was under the obligation to prove the same and its failure would help only and only the accused charged---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

Other judgments reported in 2024 PCRLJ

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