Amir Shahzad vs State Ss — 2024 YLR 2418 LAHORE-HIGH-COURT-LAHORE

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Amir Shahzad VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Motive not proved---Accused were charged for committing murder of the nephew of complainant by firing---As regards motive, it was said to be a quarrel that took place between womenfolk of accused and complainant party---Complainant deposed during cross-examination that he did not show the police where the women of both the parties allegedly quarreled---While explaining the motive, complainant inflated his version that accused had abducted a female and contracted marriage with her, that his sister and wife of "Y" quarreled with each other because wife of "Y" suspected that his sister and deceased used to arrange telephonic conversation with parents of abducted female/wife of accused---In support of such inflated motive neither sister of complainant nor wife of "Y" appeared; similarly, the abducted wife of accused did not turn up who was expected to be free after the arrest of accused, therefore, motive, alleged was concocted and fictitious---If it was considered the motive for the occurrence, then deceased being hot suspect was not expected to visit the house of accused and that too while wearing a shalwar only in month of August at 08:30 p.m. as observed by the Medical Officer in post mortem report---So, apparently no reason came on the record for absence of Qameez/Shirt on the dead body of the deceased who was 11/12 years of age---Thus, prosecution failed to prove the motive as well as the circumstance of death of deceased---Circumstances established that the prosecution had failed to prove the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Amir Shahzad vs State Ss — 2024 YLR 2418 LAHORE-HIGH-COURT-LAHORE

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