PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Fazal nawaz alias muhammad shafi vs State S — 2024 PCrLJ 993 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 993 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Fazal nawaz alias muhammad shafi 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

Fazal nawaz alias muhammad shafi VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused was charged for committing murder of the brother of complainant by firing---Complainant asserted a dispute over a pathway wall between the parties as motive---Investigating Officer acknowledged the complainant's failure to provide any evidence supporting the alleged motive---Additionally, the Investigating Officer conceded to have not collected any evidence to substantiate the alleged motive---Consequently, the prosecution failed in establishing the motive, and in such circumstances, the burden fell on the prosecution---While the absence of a motive did not always decisively undermine the prosecution's case, it was a perfect legal obligation of the prosecution to prove what it alleged as motive---In the instant case, the motive served as the sole link between the parties, and the failure to establish it significantly undermined the foundation of the prosecution's case---Prosecution did not succeed in establishing the motive, and it was the prosecution that must bear the consequences of that failure---Appeal was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English